H1b Transfer- My options

[kvarun]

I have just resigned company A and joined company B which is an desi consultancy. After joining we figured out that there were 3 vendors between my employer and client. So the relation is Employer- mid vendor-mid vendor-Prime vendor-Client. We got an RFE today asking us to explain the relationship.
Even if client provides client letter or not what is the possibility of approval?
Is there any rule that there should not be more than 2 layers between Employer and Client?
What are my options if petition gets rejected?
Is it better to wait for the decision or is it suggested to search for one more employer who can file for new petition before we get a decision on current petition?

Plz suggest

Thanks

[kvarun]

Spmeone plz reply ASAP.

[raghvi]

Spmeone plz reply ASAP.

There is no law as to number of layers in between but at the same time the lesser the number of layers the easier its to procure individual contract letters between the layers to establish the relation. Many times the end client isnt willing to give a specific contract for a particular employee as it deals only the layer above it and not directly the employee. If there is enough clarity between Employee and Employer relationships then there is less chances of rejection. What happens with multiple layers in between is the USCIS thinks that the Employer who has petitioned for the employee is not the one who calls the shot as to what work the employee is doing and eventually denies the petition. Similar thing happens when one goes for visa stamping which results in a rejection.

This is my opinion not legal advice.

[kvarun]

Thanks Raghvi. What would happend if my H1b petition is denied? Should i leave US immediately or would I have time to apply for new H1 petition through new employer?

Plz suggest

[raghvi]

Has your previous employer A's I-94 expired? If not and if transfer is denied you may want to explore the possibility of re joining previous employer. or filing transfer in premium to another employer C. If I-94 has also expired then you will have to leave. Do talk to an independent immigration attorney.

This is my opinion not legal advice.

[kvarun]

Previous employer's I-94 expiry is 2015. But it seems he will revoke my H1 shortly. I don't have an option to rejoin previous employer.
Imagine h1b transfer is denied and my previous employer evokes H1b, will I be out of status? Will I have time to apply for new H1 thru new employer after denial?

[kvarun]

Previous employer's I-94 expiry is 2015. But it seems he will revoke my H1 shortly. I don't have an option to rejoin previous employer.
Imagine h1b transfer is denied and my previous employer evokes H1b, will I be out of status? Will I have time to apply for new H1 thru new employer after denial?

Raghvi- Plz reply

[raghvi]

Raghvi- Plz reply

Yes you would go out of status. Thats why its never recommended to resign from current employer and join another employer on the basis of receipt only.

This is my opinion not legal advice.

[kvarun]

Yes you would go out of status. Thats why its never recommended to resign from current employer and join another employer on the basis of receipt only.

This is my opinion not legal advice.

So, my current petition is on hold with RFE. We have time to respomd to this RGE till Sep 1. In the meantime can I serach for one more employer and apply for a new petition? Will that work?

[raghvi]

Yes it may be possible.

This is my opinion not legal advice.