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H1B transfer with premium processing with TVU Background

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  • H1B transfer with premium processing with TVU Background


    I have done my Masters from a reputed University and was on OPT till Oct 2009 and in Nov 2009 i got an I20 from TVU for Spring 2010 (Jan to Apr of 2010). I have joined TVU and have done the Spring Semester for which i have official transcript and then took a summer break and joined for Fall. During this Time i applied for H1B and got my H1B approved, ( i have been working on CPT during my complete TVU study) so i discontinued my fall semester starting Oct 2010. Everything is fine till here. But due to my Qwest for a FT job, i have applied for H1B transfer recently in 2011 with premium processing (as i got a FT job with a very reputed direct client) and now the CIS have issued an RFE for the transfer H1B that my previous H1B was approved in error doubting that i may not have maintained status during my previous approval. They asked me to send the documents proving employer sponsoring CPT has a corporate agreement with TVU, my paystubs during the CPT, description of duties performed during CPT, my official transcripts from TVU, grade reports from TVU, proof of tution fees, receipt of books and supplies, my Student ID, evidence of me living in CA which i wasn't as TVU has virtual classrooms. i nearly have 80% of documentation asked and can submit.

    But below are questions which i want to get clarified--

    1. What are the chances of getting approval with I94? I know it depends a lot on the documentation but i heard from one of my friend that she did get approval for same RFE but without I-94

    2. If CIS denies my H1B transfer, will they also revoke my previous H1B with my previous employer as CIS said that they have approved the previous H1B in error (as i have 2 more yrs of H1B left with my previous employer and my previous employer have no idea about new H1B transfer).

    3. I have got an opportunity with another big client as a FT, so can i apply with third company for H1B transfer in normal processing before my two of my H1B's (one is the first H1B and the other is the H1B transfer for which i got the RFE) gets denied so i will be in status even after those 2 H1B's gets denied.

    4. In the above case, will the normal processing unit of CIS have the data in my file regarding my H1B transfer denial and on what grounds? Are there any chances of approval for the 2nd H1B transfer?

    I really appreciate your time in reading this and thanks in advance for your answers.

  • #2
    Not a legal advice. Use of this information is strictly at your own risk.