H1B Transfer RFE due to difference in Company name on H1b Application and Paystubs.

[arj]

Hello members

My H1B was being transferred to a Company B. It was received by USCIS on May 29th, 2015 and they sent and RFE to the Attorneys at Company B on June 9th, 2015. The Issue being:
I work currently for Company S which was acquired by a very big Company D in 2012. Since the transition is still on, the original H1B application filed in 2014 has the Petitioner as Company S. However my paystubs has Company D's Logo and Name. USCIS thinks this is a discrepancy and issued me an RFE stating I may have not maintained valid status.

Yesterday Company B's Attorneys who are filing for my H1B transfer asked me to send them my original I 129 petition, LCA Paystubs and W2's from 2013 and 2014. The W2's also have Company S's name. However, the I 129 has an explanation that Company D had acquired Company S. Now the attorneys say they are going to espond to the RFE with Press Releases and USCIS Memo stating Company D has acquired Company S and hence, I am an employee of Company D and maintained valid status. They say they have enough documents to prove so.

I have no idea what will happen. Completely not my fault. Many have got their H1B transferred from my present company with similar papers but none received and RFE. Are there chances of Denial. Extremely Stressed. please help.

[shervin143]

This looks like a valid case. Once your company attorney responds to the RFE with the documents showing that Company S was acquired by a Company D, the confusion should get sorted out and you should get the approval.

[arj]

This looks like a valid case. Once your company attorney responds to the RFE with the documents showing that Company S was acquired by a Company D, the confusion should get sorted out and you should get the approval.

Thanks for responding Shervin.
I am not sure as to whether the Press Release and USCIS Memo, as told to me by the lawyer are valid poofs to solve the issue. My original H1B I129 Petition has an Explanation stating "That Company D has acquired Company C in 2012 and please find attached "Blanket Petition"". There is a support letter stating that too. Howver, I do not have the "Blanket Petition" and do not know what that refers to. I asked the current Attorneys if they want me to get those from the original Attorneys but they do not seem to respond to needing those.

[shervin143]

I think your lawyers are doing the right thing. They will ask you if they need anything. Look up the previous employer's website or google to find any press release about the merger and forward it to your lawyers. If you left the previous employer in good terms, then you can contact them to get a copy of the press release. I feel there is no need in your case to press the panic button. I believe the lawyers know what they are doing and they will handle it right.

Thanks for responding Shervin.
I am not sure as to whether the Press Release and USCIS Memo, as told to me by the lawyer are valid poofs to solve the issue. My original H1B I129 Petition has an Explanation stating "That Company D has acquired Company C in 2012 and please find attached "Blanket Petition"". There is a support letter stating that too. Howver, I do not have the "Blanket Petition" and do not know what that refers to. I asked the current Attorneys if they want me to get those from the original Attorneys but they do not seem to respond to needing those.

[arj]

I think your lawyers are doing the right thing. They will ask you if they need anything. Look up the previous employer's website or google to find any press release about the merger and forward it to your lawyers. If you left the previous employer in good terms, then you can contact them to get a copy of the press release. I feel there is no need in your case to press the panic button. I believe the lawyers know what they are doing and they will handle it right.

Thank you Shervin.
I forwarded whatever I found on google about he acquisition to the lawyers. I have not left he present company yet. The Company B attorneys say they have sufficient documents and do not require any other documents whatsoever.

[shervin143]

Your case looks straight forward and it should get approved with additional documents. As a precaution, join the new employer only after the transfer gets approved.

Thank you Shervin.
I forwarded whatever I found on google about he acquisition to the lawyers. I have not left he present company yet. The Company B attorneys say they have sufficient documents and do not require any other documents whatsoever.

[arj]

Your case looks straight forward and it should get approved with additional documents. As a precaution, join the new employer only after the transfer gets approved.

Ya that is what I had planned. he Lawyer says the RFE Response has been submitted.

[arj]

Anyone else face a similar issue or have experience? No on I know did so would appreciate any insight.

[arj]

shervin143

Your case looks straight forward and it should get approved with additional documents. As a precaution, join the new employer only after the transfer gets approved.

Have one more doubt, I know we are not lawyers here but your experience can help.

Some legal advice I read said that company acquisition papers and no Press Releases and USCIS Memo will work. I kind of got nervous since if USCIS doesnot agree with the documents submitted and asks for company acquisition papers, I can never get those.

[shervin143]

USCIS will never ask for company acquisition papers. Why will an employer give that to their employees? Press releases and internal emails about the merger are good enough to prove the acquisition.

Have one more doubt, I know we are not lawyers here but your experience can help.

Some legal advice I read said that company acquisition papers and no Press Releases and USCIS Memo will work. I kind of got nervous since if USCIS doesnot agree with the documents submitted and asks for company acquisition papers, I can never get those.

[arj]

USCIS will never ask for company acquisition papers. Why will an employer give that to their employees? Press releases and internal emails about the merger are good enough to prove the acquisition.

Thanks shervin143.

[arj]

8 das today. This is really frustrating, especially since there was not vendor-client situation.

[arj]

shervin123

If it takes 8 days or longer, does it mean something else or is it normal? I have seen people getting RFEs responded in 1 day or 4 days also.

[shervin143]

USCIS usually gives enough time (close to 90 days) to respond to the RFE. Sometimes lawyers need more time to prepare the right documents to go back with a string response. You have to be a little patient with them while they are doing the right thing.

shervin123

If it takes 8 days or longer, does it mean something else or is it normal? I have seen people getting RFEs responded in 1 day or 4 days also.

[arj]

USCIS usually gives enough time (close to 90 days) to respond to the RFE. Sometimes lawyers need more time to prepare the right documents to go back with a string response. You have to be a little patient with them while they are doing the right thing.

Yes I understand. My application was PP and the lawyers said the RFE would be PP too. The RFE response was received on 11th June, so the clock starts from the 11th I am assuming.