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Is H1b transfer possible if a RFE comes while doing h1b amendment & extension

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  • Is H1b transfer possible if a RFE comes while doing h1b amendment & extension

    History : I came(to usa) in Mar 2015 and joined at diff location for diff client(from what was mentioned in my original h1 petition) and got LCA accordingly on first day itself.

    Now : My company is going to file H1b amendment(as per new rule annouced in May 2015, its MANDATORY in case client or location changes) as well as extension(my current is goig to expire in dec 2015) also.
    But my manager is not trying to get client letter, and says its good-to-have and not mandatory, and we will see later if required. Immigration team is saying try it : as it will make my case strong. As this process goes, there is high chance of RFE, Agree ?

    Question/future : Can I go ahead and look out for job now. Will the new employer will be ready to sponsor my H1b transfer(as per my understanding transfer means new h1 petition from new company for an individual). Is the h1 transfer possible, valid and legal (in case a RFE comes for the existing H1 amendment & extn) ??

    A somewhat similar case happened with one of my friend :
    He joined Company A (C2H to Company B in less than 6 months), and they filed h1b transfer in regular processing and got RFE. Then Company B (which now decided to hire him) filed H1b transfer in PP but got RFE (reason : USCIS is waiting for the RFE response from Company A). [[Company B have't expected this when they filed h1 transfer in P]]

    Looks like rules are getting strict or changed/updated or I m missing the point

  • #2
    Now : My company is going to file H1b amendment(as per new rule annouced in May 2015, its MANDATORY in case client or location changes) as well as extension(my current is goig to expire in dec 2015) also.
    But my manager is not trying to get client letter, and says its good-to-have and not mandatory, and we will see later if required. Immigration team is saying try it : as it will make my case strong. As this process goes, there is high chance of RFE, Agree ?
    >>> Client letter will help reduce the chances of an RFE.

    Question/future : Can I go ahead and look out for job now. Will the new employer will be ready to sponsor my H1b transfer(as per my understanding transfer means new h1 petition from new company for an individual). Is the h1 transfer possible, valid and legal (in case a RFE comes for the existing H1 amendment & extn) ??
    >>> As long as your transfer if filed prior to receiving an RFE and your I-94 expiry date, you are good. RFE on employer A petition will not impact employer B's petition if the documents provided are strong.

    A somewhat similar case happened with one of my friend :
    He joined Company A (C2H to Company B in less than 6 months), and they filed h1b transfer in regular processing and got RFE. Then Company B (which now decided to hire him) filed H1b transfer in PP but got RFE (reason : USCIS is waiting for the RFE response from Company A). [[Company B have't expected this when they filed h1 transfer in P]]
    >>> This happens if the transfer is filed after receiving an RFE. Because, technically you are supposed to provide a copy of all approval, denial and RFE documents while filing a petition. When the officer at USCIS looks at the RFE document, there are chances they raise a new RFE for the new employer if they find similar grounds to raise an RFE.
    Not a legal advice. Use of this information is strictly at your own risk.

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