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  • If H1B Transfer rejects

    Hello..

    Am working for company-A in INDIA. Company-B from US applied my H1B and got petition approval but visa was refused. Now Company-A applied H1B Transfer in premium process. Third party consultecy handles immigration process in COMPANY-A. Somehow they did a mistake instead of applying LCA to client location they applied for company USA base location. They did not double check it and applied mentioning as IN-HOUSE Development. USCIS sent RFE on petition, asking to submit MSA/SoW for the project. In MSA/SoW it is very clearly mentioned onsite work location for project should be client location only. Now they dont have option to change the LCA. As company have budget issue, Company-A can not withdraw application and send new applocation which required additional cost. So they are planning to proceed with available documents. I don't have confidence in approval. If i get approval means. it i will be purely luck only.

    Only my worry is, if newly filled petetion from COMPANY-A rejected by USCIS, will my original petion from Company B also will become invalid or later i can use for transfer? Please guide.

    Thanks
    Naga

  • #2
    Your CAP will still remain valid. You can use it to transfer to any other employer later even if the currently filed petition gets rejected.

    Originally posted by nag0912 View Post
    Hello..

    Am working for company-A in INDIA. Company-B from US applied my H1B and got petition approval but visa was refused. Now Company-A applied H1B Transfer in premium process. Third party consultecy handles immigration process in COMPANY-A. Somehow they did a mistake instead of applying LCA to client location they applied for company USA base location. They did not double check it and applied mentioning as IN-HOUSE Development. USCIS sent RFE on petition, asking to submit MSA/SoW for the project. In MSA/SoW it is very clearly mentioned onsite work location for project should be client location only. Now they dont have option to change the LCA. As company have budget issue, Company-A can not withdraw application and send new applocation which required additional cost. So they are planning to proceed with available documents. I don't have confidence in approval. If i get approval means. it i will be purely luck only.

    Only my worry is, if newly filled petetion from COMPANY-A rejected by USCIS, will my original petion from Company B also will become invalid or later i can use for transfer? Please guide.

    Thanks
    Naga
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      If H1B Transfer rejects

      Originally posted by shervin143 View Post
      Your CAP will still remain valid. You can use it to transfer to any other employer later even if the currently filed petition gets rejected.

      Thanks for the info Shervin143....!

      Comment


      • #4
        RFE Response

        Am working for company-A in INDIA. Company-B from US applied my H1B and got petition approval but visa was refused. Now Company-A applied H1B Transfer in premium process. Third party consultancy handles immigration process in COMPANY-A. Somehow they did a mistake instead of applying LCA to client location they applied for company USA base location. They did not double check it and applied mentioning as IN-HOUSE Development. USCIS sent RFE on petition, asking to submit MSA/SoW for the project. In MSA/SoW it is very clearly mentioned onsite work location for project should be client location only. Now they dont have option to change the LCA. As company have budget issue, Company-A can not withdraw application and send new application which required additional cost. So they are planning to proceed with available documents. I don't have confidence in approval. If i get approval means. it i will be purely luck only.

        Now my company is proceeding to submit RFE response with available documents(MSA/SoW) , is there a chance that my petition gets approval?


        Thanks
        Nagendra

        Comment

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