H1B Transfer Queries

[Jyotibiswal123]

Hi , I am in a situation like , I have my H1B stamped from employer A in October 2013 and worked for them upto March 2014 in USA. Then Employer B applied for Transfer and with receipt number only I joined Employer B due to some personal reason I could not able to continue with Employer A and had to move Employer B with only receipt number.

But I got RFE 1st time and then processed for Premium and again I got RFE 2nd time stating Client letter and employee - Employer relationship. Client said they cant provide letter directly to 3rd party rather they can provide letter till the vendor they directly working , but as I am working thru 3rd party , the vendor provided a letter stating that I am working in that location and provided some client email interactions which stated that I am an employee and working for them . I am totally lost and totally mad now .

I am so frustrated with Employer B - , that I wanted to shift from this to other employer . But Petition not yet approved. and my previous petition got rejected which was from Employer A.

is there is a chance to get another RFE also ?
What is the chance to get approval for Employer B ?
Are there any options I can avail for another transfer to New employer C ? if yes let me know.
if current one got rejected , then i want to move to H4 , for that Do I need to go back India ?or with in how many days h1b - H4 can happen ?
is there possibility to convert from H4 to H1B in future ?in Cap exempt ? and how is that difficult to get approval ?

Would be really grateful if some one could help me answering this queries. Thanks In advance
- Jyoti

[raghvi]

Hi , I am in a situation like , I have my H1B stamped from employer A in October 2013 and worked for them upto March 2014 in USA. Then Employer B applied for Transfer and with receipt number only I joined Employer B due to some personal reason I could not able to continue with Employer A and had to move Employer B with only receipt number.

But I got RFE 1st time and then processed for Premium and again I got RFE 2nd time stating Client letter and employee - Employer relationship. Client said they cant provide letter directly to 3rd party rather they can provide letter till the vendor they directly working , but as I am working thru 3rd party , the vendor provided a letter stating that I am working in that location and provided some client email interactions which stated that I am an employee and working for them . I am totally lost and totally mad now .

I am so frustrated with Employer B - , that I wanted to shift from this to other employer . But Petition not yet approved. and my previous petition got rejected which was from Employer A.

is there is a chance to get another RFE also ?
What is the chance to get approval for Employer B ?
Are there any options I can avail for another transfer to New employer C ? if yes let me know.
if current one got rejected , then i want to move to H4 , for that Do I need to go back India ?or with in how many days h1b - H4 can happen ?
is there possibility to convert from H4 to H1B in future ?in Cap exempt ? and how is that difficult to get approval ?

Would be really grateful if some one could help me answering this queries. Thanks In advance
- Jyoti

Joining B with just the receipt number, especially when multiple layers were involved was a big mistake on your part.

Without End Client letter, B's petition is most likely going to be denied. As its obvious that the employer who cannot get a client letter how can they guarantee a job and pay?

Now, if B's petition is rejected you automatically go out of status from the time your pay with A stopped. Once out of status you dont have much option other than to leave US. As when one is out of status a Change to another employer C, or a change to another status such as H4 would not be approved.

What I would advise is to get B to get the client letter and premium process the transfer. If rejected, ask them to pay for your return ticket, and go out of US. Once out of US, re enter using your H4 visa -I hope you already have a H4 on your passport - otherwise you would have to go for H4 stamping. Once in US on H4 visa, try to find a good employer and ask them to file a H4 to H1 Change Of status.

This is my opinion not legal advice.