Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1 RFE Question - Please Help! Urgent.

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1 RFE Question - Please Help! Urgent.

    Hi All,

    This is quite an emergency now can someone please help?

    I was working in a Fortune 500 company on their payroll till Dec 6th on which date I was let-go as my entire team was moved to India. They hold my H1B and agreed to wait till end of Feb to send a revocation notice to USCIS.

    Before working with this company I was a contractor under Company A whose H1B visa stamping is currently on my passport. I left US on Dec 20th to go for my wedding in India and came back on Jan 18th. After I got fired, I contacted Company A and asked them to find me a project. They found one, and filed for H1 transfer on Jan 5th, at which time I was still in India. At the port of entry, the customs official did not ask me anything, he just looked at my H1 stamp (which is valid till 9/16/2016) and stamped my D/S till then and allowed me to come back into the country. Now, we got an RFE on the H1 transfer request asking me to prove my status while filing for transfer. And Company A stopped paying me till the RFE is resolved!

    Now my questions about this are:
    1. I know I will have to go outside the country and get a fresh H1 stamping and come back. Can I go to Canada instead of India?
    2. A different company (Company B) offered me a full time job. Now, can I ask Company A to withdraw their H1 petition and have Company B file for a for a transfer with consular processing?
    3. Can I get paid by Company A while my RFE is pending?

    Any help is greatly appreciated. With new marriage and everything I am losing my head here! Thanks.

  • #2
    Can someone please help me? Thanks.

    Comment


    • #3
      Originally posted by anantap View Post
      Hi All,

      This is quite an emergency now can someone please help?

      I was working in a Fortune 500 company on their payroll till Dec 6th on which date I was let-go as my entire team was moved to India. They hold my H1B and agreed to wait till end of Feb to send a revocation notice to USCIS.

      Before working with this company I was a contractor under Company A whose H1B visa stamping is currently on my passport. I left US on Dec 20th to go for my wedding in India and came back on Jan 18th. After I got fired, I contacted Company A and asked them to find me a project. They found one, and filed for H1 transfer on Jan 5th, at which time I was still in India. At the port of entry, the customs official did not ask me anything, he just looked at my H1 stamp (which is valid till 9/16/2016) and stamped my D/S till then and allowed me to come back into the country. Now, we got an RFE on the H1 transfer request asking me to prove my status while filing for transfer. And Company A stopped paying me till the RFE is resolved!

      Now my questions about this are:
      1. I know I will have to go outside the country and get a fresh H1 stamping and come back. Can I go to Canada instead of India?
      2. A different company (Company B) offered me a full time job. Now, can I ask Company A to withdraw their H1 petition and have Company B file for a for a transfer with consular processing?
      3. Can I get paid by Company A while my RFE is pending?

      Any help is greatly appreciated. With new marriage and everything I am losing my head here! Thanks.
      You should not have entered US on Jan 18th without an underlying valid job offer+valid petition corresponding to that job and employer in hand. You are currently out of status so a transfer to A would not be approved with I-94.
      1. Yes possible, but dont know how the VO will look at your Out of status period.
      2. Yes you can.
      3. I wouldn't advise that.

      This is my opinion not legal advice.

      Comment

      {{modal[0].title}}

      X

      {{modal[0].content}}

      {{promo.content}}

      Working...
      X