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kkp2208

H1B Transfer - Denied - Old employer I-94 valid till Dec 2018, Another employer filed H1B Transfer and got RFE

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Request your input on my current situation:

Entered USA and started working on L1A from Sep 2015 until Dec 2016 with Company A,
Got H1B lottery and approval (I-94 until Dec 2018) thru Company B Started Jan 2017 started working on H1B with Company B until Jul 2017
 
In Aug 2017 started working with Company C(end client A) on H1B transfer receipt notice...got RFE in Oct 2017 and DENIED in April 2018.
 
In May 2018  joined Company D applied for H1b transfer (same end client A) for the same project company C as Middle Vendor, started working from May 10, 2018 and got RFE in May 22,2018.
 
what is my current status?
Taking utmost care to address all aspects of latest RFE  what is the percentage of approval?

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What is the RFE about? Is it about your current status? It is possible that USCIS will find you out of status since at the time D filed their petition you were not working based on an approved petition.

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Thank you for your note. Nothing mentioned in RFE is about out of status:

Below is the summary requested in RFE:

1) H1B after 6yr extention  -- I'm eligible as I have been continuously out side of US for more than a year (Dec 2013 thru Aug 2015)

2) LCA proffered position specialty occupation

3) Employee and Employer relationship and

4) Education and experience equivalency.

Can you please advise.

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kkp2208, looks like your out of status. You left the company B ( Valid H1b ) July 2017, 60 days grace period comes from company B.  You will get H1B approval without I-94. I know few recent cases like this. Check your inbox.

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Thank you for the response. For eg: if I get H1b approval with out I 94, I need to step out and go for stamping and come back right?, if any questions on this stay, any suggestions on best response to provide justification for this stay... etc, Please advise and also any idea if I can travel to Canada or Mexico for stamping or better to go India

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The best response, indeed the only response, is the truth. Why is that even a question?

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