Tweet
Hi guys, here is my story with h-1b and would appreciate your suggestions/advise
I came to US thru company A in 2006 and in 2008 moved to compay B with a h1-B transfer and got the I-94 which is valid till 2011 but the visa that i got it stamped thru company A was valid until July 2008.
Due to some issues with the Company B ,i did another transfer to company C in Feb 2009 and started to work for them after receiving the repeipt in March 2009.But in Sept 2009 (after 5 months) i received a RFE asking to confirm the speciality occupation exist along with client letter etc. which we did submitted in Oct 2009.And its been close to 3 months and i haven't heard anything yet from USCIS (And on the USCIS website there is a mention that i should hear something in written since the time of RFE response but its been more than 90 days and no response from USCIS yet as the website still shows it under "Request for Evidence" status).
As its getting close to an year now since the time , i transferred my H1b to company C and haven't received the approval notce i am concerned and need some suggestions on the following questions
1) Does it make sense now to make the h1b transfer to premium processing or better wait?
2) And my employer thinks that my case might be under background check and hence if i apply for premium its not going to be processed in 15 days but the uscis website has no meniton about my case being under backgroup check.COuld the background check be the reason on the transfer delay?Also my processing center is in California.
3) Assuming in the worst case scenario if the trasnfer doesn't go thru then what are the options i have?I don't know if Comapny B still holding my h1b approval.I believe they might have revoked my H-1b after i leave them.
4)Is it a good idea now to transfer my h-1b to another company D?If yes how, cos i belive my h1-b with company B is revoked then the only thing that i have is receipt from company C for my h-1b transfer.If company D transfer gets approved and company C trasnfer denied how does that impact my status?
5)And finally, before i get the update on the company C transfer can i file a new H1b petition with company D? Is this risk free? And if that gets approved can i continue to work here in US or do i got to go backto home country and get the visa stamped before the work.
Please guide and suggest the best possible that i have right now
Appreciate your help in this regard
I came to US thru company A in 2006 and in 2008 moved to compay B with a h1-B transfer and got the I-94 which is valid till 2011 but the visa that i got it stamped thru company A was valid until July 2008.
Due to some issues with the Company B ,i did another transfer to company C in Feb 2009 and started to work for them after receiving the repeipt in March 2009.But in Sept 2009 (after 5 months) i received a RFE asking to confirm the speciality occupation exist along with client letter etc. which we did submitted in Oct 2009.And its been close to 3 months and i haven't heard anything yet from USCIS (And on the USCIS website there is a mention that i should hear something in written since the time of RFE response but its been more than 90 days and no response from USCIS yet as the website still shows it under "Request for Evidence" status).
As its getting close to an year now since the time , i transferred my H1b to company C and haven't received the approval notce i am concerned and need some suggestions on the following questions
1) Does it make sense now to make the h1b transfer to premium processing or better wait?
2) And my employer thinks that my case might be under background check and hence if i apply for premium its not going to be processed in 15 days but the uscis website has no meniton about my case being under backgroup check.COuld the background check be the reason on the transfer delay?Also my processing center is in California.
3) Assuming in the worst case scenario if the trasnfer doesn't go thru then what are the options i have?I don't know if Comapny B still holding my h1b approval.I believe they might have revoked my H-1b after i leave them.
4)Is it a good idea now to transfer my h-1b to another company D?If yes how, cos i belive my h1-b with company B is revoked then the only thing that i have is receipt from company C for my h-1b transfer.If company D transfer gets approved and company C trasnfer denied how does that impact my status?
5)And finally, before i get the update on the company C transfer can i file a new H1b petition with company D? Is this risk free? And if that gets approved can i continue to work here in US or do i got to go backto home country and get the visa stamped before the work.
Please guide and suggest the best possible that i have right now
Appreciate your help in this regard
Comment