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  • H1B transfer complications

    Alright I have a bizarre situation here. It's a complicated so I'm going to write it in a timeline.

    a. Company A hired me as a contractor for a client based in DC, applied for H1B in 2014 and got approved until 8-27-2017.
    b. Company A sold the contract to Company B within 2 years of employment.
    c. Company B initiated transfer for my H1B and things got messed up here. My petition was approved however I was supposed to leave the country since they didn't have my I94.
    d. I went back home to my country and got stamping. My visa stamping was based on my Company A with expiration 8/27/2017. This is where the consulate got it all wrong. They used my previous employer information. My visa stamping is showing Company A.
    e. Flew back to the states and got an i94 with 8/27/2017 expiration.
    f. My new H1B had new expiration date on 3/2/2017. I didn't know this until my lawyer told me.
    e. Extension was filed on 3/31/2017.
    g. USCIS sent an RFE with maintenance of status. My lawyer is going to send a response, explaining about the whole ordeal on 5/15/2017.

    My question is now can I still work with company B? All this time I've been working under company A visa. My lawyer told me to stop working. Since I used premium processing I should be getting a response back from USCIS in 15 days.

    Thank you all.

  • #2
    Originally posted by jhendra83 View Post
    Alright I have a bizarre situation here. It's a complicated so I'm going to write it in a timeline.

    a. Company A hired me as a contractor for a client based in DC, applied for H1B in 2014 and got approved until 8-27-2017.
    b. Company A sold the contract to Company B within 2 years of employment.
    c. Company B initiated transfer for my H1B and things got messed up here. My petition was approved however I was supposed to leave the country since they didn't have my I94.
    d. I went back home to my country and got stamping. My visa stamping was based on my Company A with expiration 8/27/2017. This is where the consulate got it all wrong. They used my previous employer information. My visa stamping is showing Company A.
    e. Flew back to the states and got an i94 with 8/27/2017 expiration.
    f. My new H1B had new expiration date on 3/2/2017. I didn't know this until my lawyer told me.
    e. Extension was filed on 3/31/2017.
    g. USCIS sent an RFE with maintenance of status. My lawyer is going to send a response, explaining about the whole ordeal on 5/15/2017.

    My question is now can I still work with company B? All this time I've been working under company A visa. My lawyer told me to stop working. Since I used premium processing I should be getting a response back from USCIS in 15 days.

    Thank you all.
    I cannot understand why would the consulate use A's petition details, when you booked appointment using B'1 petition and showed B'1 petition at the time of interview. Further, why would you not verify the visa and get it corrected when it was showing A's name still? Also, how come you didn't know B's petition is expiring on 3/2/2017 when it would have been clearly mentioned so and you would have taken that during your interview?

    This is my opinion not legal advice.

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