H1B transfer when it is in RFE

[arunkumar.ceg]

Hi,

I came to US on Oct 2014 with Company A's H1B and on April 2015, I transferred my H1B to Company B and started working on a receipt. Now Company A revoked my petition and my company B petition is in RFE. My I94 is valid till June 2017.

Now my question is
1. Can I transfer my H1b to Company C when company B petition is in RFE? If Yes, do I need to ask Company B to withdraw my petition once company C files the new transfer or can company B continue to respond for RFE?

2. Since company A revoked my petition, what will happen if Company B responded to RFE and it got denied? Will I be out of status from April 2015 and should I need to leave the country immediately after status changed in online USCIS website? Or can I stay till I receive the hardcopy of the denial notice and continue to work for Company B?

3. If my company B petition is denied and if I need to leave the country, can I apply for H1B transfer when staying outside US? Will that be H1CAP excempted or do I need to apply for H1B next year and go through the lottery process again?

4. Company B's RFE was because of insufficient documentation showing Employer-Client relationship. My client will not provide client letter. But I've pay stubs, timesheets, client ID card to show that I'm working with the client. Will that be sufficient to respond RFE or do I need to furnish any additional documents?

5. If my client provides me direct employment, do I need to worry about the "Non-Competency" clause signed with my employer? It says that I should not work directly with the clients of the employer. I'm now in Denver, Colorado. Any suggestion on the employment rules for this state? Do I need to pay anything to my employer for breaking the rule if I accepted the direct employment from the client?

I'm really worried about my H1b. Appreciate your response!

[arunkumar.ceg]

Hi, any response for my queries? Appreciate your response!

Hi,

I came to US on Oct 2014 with Company A's H1B and on April 2015, I transferred my H1B to Company B and started working on a receipt. Now Company A revoked my petition and my company B petition is in RFE. My I94 is valid till June 2017.

Now my question is
1. Can I transfer my H1b to Company C when company B petition is in RFE? If Yes, do I need to ask Company B to withdraw my petition once company C files the new transfer or can company B continue to respond for RFE?

2. Since company A revoked my petition, what will happen if Company B responded to RFE and it got denied? Will I be out of status from April 2015 and should I need to leave the country immediately after status changed in online USCIS website? Or can I stay till I receive the hardcopy of the denial notice and continue to work for Company B?

3. If my company B petition is denied and if I need to leave the country, can I apply for H1B transfer when staying outside US? Will that be H1CAP excempted or do I need to apply for H1B next year and go through the lottery process again?

4. Company B's RFE was because of insufficient documentation showing Employer-Client relationship. My client will not provide client letter. But I've pay stubs, timesheets, client ID card to show that I'm working with the client. Will that be sufficient to respond RFE or do I need to furnish any additional documents?

5. If my client provides me direct employment, do I need to worry about the "Non-Competency" clause signed with my employer? It says that I should not work directly with the clients of the employer. I'm now in Denver, Colorado. Any suggestion on the employment rules for this state? Do I need to pay anything to my employer for breaking the rule if I accepted the direct employment from the client?

I'm really worried about my H1b. Appreciate your response!

[shervin143]

1. Can I transfer my H1b to Company C when company B petition is in RFE? If Yes, do I need to ask Company B to withdraw my petition once company C files the new transfer or can company B continue to respond for RFE?
>>> You can. But it will be considered to be a bridge petition. Unless company B's petition gets approved with a new I-94, Company C's petition won't get approved with a new I-94. If company B withdraws their petition, then the time that you spent working for them will become unauthorized work and Company C's petition can get approved for consular process (without a new I-94). If a transfer is initiated, then it is advisable that you begin working for Company C only after you receive their approval notice with a new I-94 rather than joining them on the receipt notice.

2. Since company A revoked my petition, what will happen if Company B responded to RFE and it got denied? Will I be out of status from April 2015 and should I need to leave the country immediately after status changed in online USCIS website? Or can I stay till I receive the hardcopy of the denial notice and continue to work for Company B?
>>> It is advisable to leave as soon as you know that the petition is denied to keep your out of status period to minimum. Anytime that you spent from the date of rejection until you leave U.S will be considered to be out of status period.

3. If my company B petition is denied and if I need to leave the country, can I apply for H1B transfer when staying outside US?
>>> Yes.

Will that be H1CAP excempted or do I need to apply for H1B next year and go through the lottery process again?
>>> You can use the existing CAP to file the H1B. No need to go through quota again.

4. Company B's RFE was because of insufficient documentation showing Employer-Client relationship. My client will not provide client letter. But I've pay stubs, timesheets, client ID card to show that I'm working with the client. Will that be sufficient to respond RFE or do I need to furnish any additional documents?
>>> It depends on the officer who handles your case. It is very hard to predict. If it is a consultancy company and if you are working at a client location, then it is hard without a client letter or an SOW if the RFE is for that reason. This is why it is never advisable to join a consultancy company without the proper approval notice.

5. If my client provides me direct employment, do I need to worry about the "Non-Competency" clause signed with my employer? It says that I should not work directly with the clients of the employer. I'm now in Denver, Colorado. Any suggestion on the employment rules for this state? Do I need to pay anything to my employer for breaking the rule if I accepted the direct employment from the client?
>>> This is a civil matter between you and your employer. You probably will need to. Since your employer is the one who placed you at the client, they can claim that they lost the business since you joined the client directly. Talk to your employer and the client and they can work out the issue.

[arunkumar.ceg]

1. Can I transfer my H1b to Company C when company B petition is in RFE? If Yes, do I need to ask Company B to withdraw my petition once company C files the new transfer or can company B continue to respond for RFE?
>>> You can. But it will be considered to be a bridge petition. Unless company B's petition gets approved with a new I-94, Company C's petition won't get approved with a new I-94. If company B withdraws their petition, then the time that you spent working for them will become unauthorized work and Company C's petition can get approved for consular process (without a new I-94). If a transfer is initiated, then it is advisable that you begin working for Company C only after you receive their approval notice with a new I-94 rather than joining them on the receipt notice.

2. Since company A revoked my petition, what will happen if Company B responded to RFE and it got denied? Will I be out of status from April 2015 and should I need to leave the country immediately after status changed in online USCIS website? Or can I stay till I receive the hardcopy of the denial notice and continue to work for Company B?
>>> It is advisable to leave as soon as you know that the petition is denied to keep your out of status period to minimum. Anytime that you spent from the date of rejection until you leave U.S will be considered to be out of status period.

3. If my company B petition is denied and if I need to leave the country, can I apply for H1B transfer when staying outside US?
>>> Yes.

Will that be H1CAP excempted or do I need to apply for H1B next year and go through the lottery process again?
>>> You can use the existing CAP to file the H1B. No need to go through quota again.

4. Company B's RFE was because of insufficient documentation showing Employer-Client relationship. My client will not provide client letter. But I've pay stubs, timesheets, client ID card to show that I'm working with the client. Will that be sufficient to respond RFE or do I need to furnish any additional documents?
>>> It depends on the officer who handles your case. It is very hard to predict. If it is a consultancy company and if you are working at a client location, then it is hard without a client letter or an SOW if the RFE is for that reason. This is why it is never advisable to join a consultancy company without the proper approval notice.

5. If my client provides me direct employment, do I need to worry about the "Non-Competency" clause signed with my employer? It says that I should not work directly with the clients of the employer. I'm now in Denver, Colorado. Any suggestion on the employment rules for this state? Do I need to pay anything to my employer for breaking the rule if I accepted the direct employment from the client?
>>> This is a civil matter between you and your employer. You probably will need to. Since your employer is the one who placed you at the client, they can claim that they lost the business since you joined the client directly. Talk to your employer and the client and they can work out the issue.

Thanks a lot for your response!

Bridging employer B and C is my biggest problem. Company B can be possible to respond RFE as they cannot get client letter. If they are not going to respond to RFE, how will it be bridged with Company C petition? if Company C petition is not going to be approved without company B, what is the solution for me? I'm really worried and panicked with my current situation. Please advise.

[shervin143]

Well, joining a consultancy company with just the receipt notice is a biggest mistake. In case of filing the bridge petition, company C's petition can get approved, but for consular process.
One option is to request Company C to file their petition in premium and get the result within 15 days (Before Company B can withdraw their petition).

1) If the petition gets approved with a new I-94, you are all good and you can join Company C immediately.
2) If the petition gets approved for consular processing (no new I-94), then you will need to leave the country and return back using Company C's petition (using your existing valid H1B visa) to get an I-94 at the POE. Upon entering U.S, you can begin working for Company C.
3) If Company C's petition gets denied, then you have no other option other than to leave the country and try and find a new employer from outside U.S.

Thanks a lot for your response!

Bridging employer B and C is my biggest problem. Company B can be possible to respond RFE as they cannot get client letter. If they are not going to respond to RFE, how will it be bridged with Company C petition? if Company C petition is not going to be approved without company B, what is the solution for me? I'm really worried and panicked with my current situation. Please advise.

[arunkumar.ceg]

Well, joining a consultancy company with just the receipt notice is a biggest mistake. In case of filing the bridge petition, company C's petition can get approved, but for consular process.
One option is to request Company C to file their petition in premium and get the result within 15 days (Before Company B can withdraw their petition).

1) If the petition gets approved with a new I-94, you are all good and you can join Company C immediately.
2) If the petition gets approved for consular processing (no new I-94), then you will need to leave the country and return back using Company C's petition (using your existing valid H1B visa) to get an I-94 at the POE. Upon entering U.S, you can begin working for Company C.
3) If Company C's petition gets denied, then you have no other option other than to leave the country and try and find a new employer from outside U.S.

Thanks a lot. Let me try my luck! Appreciate your response!

[manvi]

H1B transfer still in

I am currently working for a company A, H1-B Approved and valid till Aug 2016.
Last month I got an offer from a company B and they had initiated my H1B Visa transfer via premium processing.
Unfortunately my H1B Transfer petition got an RFE and Company B Is not working on documents.I denied the offer as well.
Not sure what exact documents USCIS has asked for though(As company B hasn’t yet shared the details with me).

Now I got New offer from Company C. They are pan to initiate my H-1 Transfer.

Question -

1.) Will this RFE will impact my new H-1 Transfer??
2.) is that mandatory for Employer B to withdraw the petition or i need to do any followup on the same??

[anant2001]

H1B petition with RFE transfer

I am currently working with Company B. My previous organization(Company A) filed my Visa petition and got RFE for the petition.
Since I am not working with Company A,
Q1. can I request H1B petition transfer from Company A to Company B ?
Q2. Can Company B respond to the RFE?


Regards,
Anant Raj

[Rupesh Parab]

I am currently working for a company A, H1-B Approved and valid till Aug 2016.
Last month I got an offer from a company B and they had initiated my H1B Visa transfer via premium processing.
Unfortunately my H1B Transfer petition got an RFE and Company B Is not working on documents.I denied the offer as well.
Not sure what exact documents USCIS has asked for though(As company B hasn’t yet shared the details with me).

Now I got New offer from Company C. They are pan to initiate my H-1 Transfer.

Question -

1.) Will this RFE will impact my new H-1 Transfer??
2.) is that mandatory for Employer B to withdraw the petition or i need to do any followup on the same??

Hi Manvi,

Can you please let me what happened? I am in a similar situation.