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van12345

H1B transfer to prime vendor during RFE

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Hi,

Received RFE for H1B renewal.

My employer is working on it but NOT sure he will be able to get the approval.

To improve chances of my stay in USA: Along with responding to RFE is it OK try to transfer my H1B to the prime vendor with my current client (i.e. I am cutting few layers in between and doing the transfer)?

Thanks!

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You can do it. But how will the client provide the client letter and prove that EE relationship will be satisfied when he must have given a similar letter for current employer too. Its tricky to do it when a petition is pending.

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Talk with an immigration attorney. On paper you can file new petition with your primary vendor as employer but I see few issues with it regarding client letter and Employee-Employer relationship and what about existing pending petition with USCIS.

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