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H1 Transfer denial but amendment is in progress

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  • H1 Transfer denial but amendment is in progress

    Hi,

    I came from India in last Mar-2016 on H1B with X company. And I changed my employer (Y company) in Jun - 2016. I started work with Y company based on EAC number from Jun-2016. We got RFE for the transfer in some where around Jul-2016 saying that the client location you provided in petition is different than the location mentioned in the pay stub.

    Meanwhile my project changed from A location to B location, firstly my employer (Y) filed H1B amendment and then replied to RFE saying that its an error in pay stub and I was working at the location which is mentioned in first transfer petition i.e A. And now my project changed so will work on B location.

    Unfortunately, H1 transferred denial saying 1) Specialty of occupation is not convincing 2) No client name is provided 3) No proof provided to show I was working at the location mentioned in the first transfer petition.

    However my amendment for project change (with Y company) is still in progress.

    Now question is may legal to work with Y company based on amendment?

    What if I want to transfer h1b to total new company N, providing pay stubs of current company Y? Would there be major issue in h1b transfer?

    I don't want to go back to X company (previous employer based their H1 I came here in states) although H1b is not provoked.

    Please suggest.

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