H1B transfer - RFE

[raghunk]

Hi All,
Currently there is a RFE asking about job duties for my H1 transfer. I have below questions, can some one please answer me.

1) Can current transfer can be made as 'premium process' since there is a RFE on it ??

2) Can I transfer my H1 to client as my position is contract to hire and my i-94 is valid until Jul 31st 2011. Does my current employer sponsored H1B transfer approval is necessary to get approval from client sponsored transfer ??

thanks in advance.

[shervin143]

1) Can current transfer can be made as 'premium process' since there is a RFE on it ??
>>> Yes. You can upgrade to premium process anytime.

2) Can I transfer my H1 to client as my position is contract to hire and my i-94 is valid until Jul 31st 2011.
>>> Yes.

Does my current employer sponsored H1B transfer approval is necessary to get approval from client sponsored transfer ??
>>> What exactly you mean by employer sponsored "transfer". Transfer is a term used when you file a petition with a different employer. Are you confusing between extension and transfer?

[raghunk]

transfer is exactly is a transfer what i meant. my question is, in case my current employer's h1 petion denied, does it impact client's petition if they file transfer now??

[shervin143]

transfer is exactly is a transfer what i meant.
>>> Again, doesn't make any sense and I am not sure what you are trying to say.

my question is, in case my current employer's h1 petion denied, does it impact client's petition if they file transfer now??
>>> No. There is no such thing as transfer. It is just a term used. One petition's denial will not have any impact on another when the 2nd petition is not filed as a bridge from petition 1. Since your petitions are NOT filed as a bridge, you don't have to worry about the denial of one petition affecting another.

[raghunk]

I think I am not using right words, let me give me back ground.

I was working with company A. I accepted offer two months ago with company B working with end client C. I have valid i-94 until JULY 2011 with company A.

Company B filed my H1 transfer from company A for which I got RFE and it is in the process of preparing response.

My question was, can client C can process another H1 transfer from company B even though if it is in RFE status ?? and also is company C's process would impaceted by company B's trasnfer process ??
If company B's h1 trasnfer get's denial, does this impact company C's transfer process.

[shervin143]

You don't seem to get the point. Technically there is no such thing as an H1B transfer. Every petition filed is a new H1B petition (Either under an old CAP or new CAP makesthe difference). In your case, since you are already CAP counted (Has previous H1B approval notice with Company A), Company B or Company C will be filing a new H1B petition using the old CAP and request an immediate start date. "Transfer" doesn't mean that your petition itself is getting transferred. It is just a term used. So Company C doesn't have to file a transfer using Company B's pending petition. Your case doesn't fall under bridging and so they don't need to do it. Company C can still a file a new petition using a copy of the approval notice from Company A. Denial of one petition will ot impact the other. If both the petitions get approved, then you have a choice to decide which employer to work for (Employer A or B or C).

I think I am not using right words, let me give me back ground.

I was working with company A. I accepted offer two months ago with company B working with end client C. I have valid i-94 until JULY 2011 with company A.

Company B filed my H1 transfer from company A for which I got RFE and it is in the process of preparing response.

My question was, can client C can process another H1 transfer from company B even though if it is in RFE status ?? and also is company C's process would impaceted by company B's trasnfer process ??
If company B's h1 trasnfer get's denial, does this impact company C's transfer process.

[raghunk]

Thanks for the information. I was just reading from different blogs, where it mentioned as Company C's petition will get approved only if Company B's petition. Because now I am on Company B's payroll to continue the status.

So just want to clarify on this one.