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Neethi Mohandas

H1 Transfer : Contracting to FTE

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Hello, 

I have been contracting for a client company and recently received a full time offer from the client. They will be hiring me for the same position that I've been contracting - but this is with a different team in the company. Since the premium processing has stalled, I have the below questions : 

  1. Is it a good idea to join the Full time position on receipt notice ? I have applied all my previous H1 applications with the same client. The company is not ready to wait for months before I can join the team 
  2. With the no RFE rule from Sept 11th, how much risk do you all potentially see in my case ? 

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1. Only you can decide. 

2. The rule may be rescinded in future either by legal challenge or by the winds of change. There is a risk in everything one does. You should decide what is better for you.

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7 hours ago, Maitray Modi said:

Can one join back original employer (while doing contracting) if H1B transfer gets rejected? 

Your previous employer may revoke the H1B after you leave so going  back may not be an option.

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The law requires the original employer to revoke your H1 petition if you leave. They can certainly file a new non cap H1 petition for you in future. Assume the petition from B is rejected. you will need to leave while A files and gets a H1 petition approved for you and you can then return with the visa stamp. Assuming A wants you back.

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10 hours ago, Maitray Modi said:

Can one join back original employer (while doing contracting) if H1B transfer gets rejected? 

The old employer is required by law to inform USCIS that you no longer work there. If they want to hire you back they would have to file (and pay for) a new H1 petitio.

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On 9/18/2018 at 11:02 AM, Neethi Mohandas said:

Hello, 

I have been contracting for a client company and recently received a full time offer from the client. They will be hiring me for the same position that I've been contracting - but this is with a different team in the company. Since the premium processing has stalled, I have the below questions : 

  1. Is it a good idea to join the Full time position on receipt notice ? I have applied all my previous H1 applications with the same client. The company is not ready to wait for months before I can join the team 
  2. With the no RFE rule from Sept 11th, how much risk do you all potentially see in my case ? 

What is NO RFE Rule ?

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