H1B Transfer RFE - Current Client diffrent fromI129

[shannu001]

I really appreciate for the kind of support you give!!

I started working for company B from 28 Nov 2011 which is a very big firm after receiving the receipt number.Company B filed the H1 b transfer case on 22 Nov 2011 in premium by specifying the client details whose location is in GA Atlanta. On 30 Nov 2011 and we got a RFE asking to prove client relationships. But due to various reasons they lost the project and they don’t have any documents to prove.

On 17th Jan 2012, I got new project in NY; right now I have sow, manager’s letter and LCA of client in NY. Next week my immigration team is trying to respond with these documents where the client is different from 1-129.

I know there is high risk of denial, I informed to my company and they are ready to re-file with specifying the new client details depending on reason of denial

Could you please let me know
1. % of chance of denial
2. If incase of denial what would be the options I will have
3. In case of re-file do I have to leave the country,
4. I have valid i-94 till June 2014 and Company B is paying me properly

Please reply me I am dying with tension…

[shervin143]

1. % of chance of denial
>>> Hard to predict. This is why it is never advisable to join an employer with just the receipt notice.

2. If incase of denial what would be the options I will have
>>> You have to leave the country immediately. Let the employer file the H1B petition again in premium. When that gets approved, re-enter back on a valid H1B visa.

3. In case of re-file do I have to leave the country,
>>> Yes.

4. I have valid i-94 till June 2014 and Company B is paying me properly
>>> I-94 from Company A is useless when you have already started working for Company B. You will be out of status on H1B if the transfer gets denied from the day you left Company A. Employment with Company B will become illegal if the transfer gets denied.