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Shireesha88

H1b RFE when transfer to another Employer with same client.

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I had an approved petition with Employer A till Aug 31st 2019. Employer A transferred my H1B to Employer B (their sister’s company) along with extension. Currently received RFE and I94 is valid till August 31st 2019 from Employer A. Employer B filed on April 15th 2019 and payrolls started from April.

Following are RFE details:

Ø  Employer A is located in New Hampshire, When they filed H1B they mentioned in LCA as it is In house project. I got project in Texas, they (Employer A) didn’t filed amendment which I don’t know. In RFE they are asking for “The previous petition was approved for the beneficiary to work in New Hampshire. Provide evidence that the beneficiary was performing services in the certified location”.

Did any one face this situation, my I94 expires on Aug 31st. My W2 is pointing NH, is there any way to resolve RFE?

Ø   Can withdraw my H1B with Employer B and continue with Employer A with new amendment. Will it work or is it problem?

Ø  Can I file petition/transfer through new Employer C. My I94 expires on August 31st 2019. If yes, will I get a chance to get same RFE ?

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This is a bit of an unfortunate situation. Based on your situation it gives an impression that employer A is using in-house project to bench a talent pool ready to be deployed to client projects. This is illegal. However there is still a small chance that your in-house project is actually valid work. This needs to be proven to USCIS. But since your employer A didn't file amendment in time you are technically not maintaining your status.

Work with employer A's attorney to get it resolved. 

Worst case you need to be prepared to find a new employer who will file a new petition through consular processing and get it stamped and reenter for work. 

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Find a real employer with whom you can work directly as a FT employee. Your employer A looks shady by not filing the amendment, which is mandatory in your case. Just by looking at your state income tax withholding you can make it out. Let your employer handle the situation and withdrawing your employer A H1 petition will make you out of status.

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