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Urg ::: 2nd RFE on H1-B **** ***

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  • Urg ::: 2nd RFE on H1-B **** ***

    Hello,

    Can you please help me to understand on my situation ?
    I entered to USA (first time) on Company-A(Full-time, India based) in May'2013. And I-94/VISA is valid till Jan'2016.In Apr'14 moved to Company-B (Consulting/Contract) and the end Client is Company-C.

    I received first RFE on 21-Apr for end client letter and we responded on 09-June.

    I received second RFE on 22-Aug. The work address mentioned in Client letter(Company-C) is different from the work address mentioned in H1B petition. Address mentioned is client letter(Company-C) was incorrect. We will be responding to the RFE with necessary details.

    Please let me know the following.
    1. by Oct 9th, I will complete 6 months after applying transfer. Do you suggest to upgrade to premium with second RFE response?
    2. If my Petition is denied, Do I have to leave the country or Can I apply for my H1B transfer to another employer?

    Your response I greatly appreciated. Thank you very much in advance!!!
    Last edited by vnu007j; 08-28-2014, 10:13 PM.

  • #2
    Originally posted by vnu007j View Post
    Hello,

    Can you please help me to understand on my situation ?
    I entered to USA (first time) on Company-A(Full-time, India based) in May'2013. And I-94/VISA is valid till Jan'2016.In Apr'14 moved to Company-B (Consulting/Contract) and the end Client is Company-C.

    I received first RFE on 21-Apr for end client letter and we responded on 09-June.

    I received second RFE on 22-Aug. The work address mentioned in Client letter(Company-C) is different from the work address mentioned in H1B petition. Address mentioned is client letter(Company-C) was incorrect. We will be responding to the RFE with necessary details.

    Please let me know the following.
    1. by Oct 9th, I will complete 6 months after applying transfer. Do you suggest to upgrade to premium with second RFE response?
    2. If my Petition is denied, Do I have to leave the country or Can I apply for my H1B transfer to another employer?

    Your response I greatly appreciated. Thank you very much in advance!!!
    1. I would say yes.
    2. If you have already started working with B then yes , if B's petition is denied , you immediately go out of status and would need to leave US. Another employer cant file a COS for you while you being in US. They would have to file Cap exempt H1 as Consular processing.

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks for response.

      Is it possible to apply for another transfer now itself before I get the status approval/denial?
      Do you think any other options left?

      Comment


      • #4
        Have you already started working for B?

        If yes, then the only option is to hope B's petition is approved.

        This is my opinion not legal advice.

        Comment

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