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Hello,
I have worked for my company A on an approved H1B for two years starting August 2012. Between 2012 and now, I have traveled between my home country and America for three times using the documents from Company A.
Every October, I did a consultancy job for another company B, who agreed to sponsor a H1B for me, which they did. This H1b was approved in the first time on October 2012.
However, when the Company B was renewing my H1B petition in 2013, they got a RFE that stated: Since the Company B put in " New Employment" rather than " New Concurrent Employment", my company B H1B approval has made my company A invalid. Therefore they are questioning my legal stay in America. BTW, this was from the california center.
Because of all the hassle, the Company B decided to withdraw their petitions in both 2012 and 2013.
I have done a lot of research and my understanding was the RFE from the California center was incorrect. This was supported by one attorney I consulted as well. I have two questions:
1. I am about to extend my H1B with company A. In case I run into this kind of RFE again, what is the legal ground to refute?
2. Company B already withdrew the petitions. However I already worked for them. What will the potential problem be for me?
Thank you very much!
I have worked for my company A on an approved H1B for two years starting August 2012. Between 2012 and now, I have traveled between my home country and America for three times using the documents from Company A.
Every October, I did a consultancy job for another company B, who agreed to sponsor a H1B for me, which they did. This H1b was approved in the first time on October 2012.
However, when the Company B was renewing my H1B petition in 2013, they got a RFE that stated: Since the Company B put in " New Employment" rather than " New Concurrent Employment", my company B H1B approval has made my company A invalid. Therefore they are questioning my legal stay in America. BTW, this was from the california center.
Because of all the hassle, the Company B decided to withdraw their petitions in both 2012 and 2013.
I have done a lot of research and my understanding was the RFE from the California center was incorrect. This was supported by one attorney I consulted as well. I have two questions:
1. I am about to extend my H1B with company A. In case I run into this kind of RFE again, what is the legal ground to refute?
2. Company B already withdrew the petitions. However I already worked for them. What will the potential problem be for me?
Thank you very much!
