RFE for H1B transfer

[babukiran]

Hello,

One consulting company filed for a H1B transfer and I have received an RFE(did not receive the details yet). I have another offer with an end client today and they are ready to do the H1B transfer. They are not aware of my current H1B transfer happening. While the first company law firm answer the RFE, is it ok for me to do the H1B transfer with the end client? What are the pros and cons of doing so? What necessary care do I have to take? Please let me know. Thanks for your help.

Kiran

[kalyan_ac]

Are you in the states?Are you already on H1b?

[babukiran]

Hello, I am in USA on a H1B. My current H1B is valida until mid 2014.

[babukiran]

Any help, please?

[psjaya]

According to attorney's at Murthy Law, if your H1B is filed under extension of status, no decision on company B's filing will be made until company A's application is processed. However, if your new employer files your H1B in consular processing, you might get a approval and to update your status you might have to leave the country and come back.

The aforementioned options are from my personal conversations with attorney, not generic. This is a tricky situation and I recommend you to consult an immigration attorney.

Thanks,

Sree

[babukiran]

Hi Psjaya, Thanks. Will company B know that am already filing/filed a H1B transfer with company A?

As mentioned, I have a valid H1B until mid 2014 as per my I797 with the current company. Why should I leave the country to get my status updated?

What do you mean by "consular processing"?

[psjaya]

Hi,

Yes, since you do not have the approved H1B from company A and you submit pay stubs from company A, its obvious.

Consular process is asking USCIS to approve your H1B Case as a new H1B application, meaning the new application is no longer related to your earlier application with Company A. Going out of the country and coming back means you need to get new I94 to establish your status and since you already have a visa stamped till 2014 you will not need a visa stamping.

As I mentioned, please do not relay on internet for immigration related information. Please contact a immigration attorney. Its worth your money.

Thanks,

Sree

[kalyan_ac]

Are you still working for your current employer or have you started to work for the one who filed for h1 transfer?

If you have already started to work for the one who filed for h1 transfer, then you may want to wait until that gets approved.

If you are still working for the current employer, yes you can have the end client file for you and both are independent and any of the layers will not know.

[babukiran]

I am working for my current employer(End client). While am working with current client, I have filed a H1B transfer to a consulting company like *****. I have an RFE with this consulting company. Just before I can get this RFE, I have received a good offer with another end client. Now,

1. do I still have to care for the RFE with the consulting company?

2. Will the new end client get to know about the existing RFE on my h1 transfer with consulting company, if they start filing for my h1b?

3. Is it good to leave the RFE or cancel the H1B transfer with consulting company?

4. In case, if the consulting company answers for the RFE and my H1B is approved and my new end client also files for h1 transfer and gets that approved, then will I have the choice to join one of them? In that case, how and what should I do to the other H1B?

Thanks for all your time and help.

[kalyan_ac]

I am working for my current employer(End client). While am working with current client, I have filed a H1B transfer to a consulting company like *****. I have an RFE with this consulting company. Just before I can get this RFE, I have received a good offer with another end client. Now,

1. do I still have to care for the RFE with the consulting company?

NO

2. Will the new end client get to know about the existing RFE on my h1 transfer with consulting company, if they start filing for my h1b?

NO

3. Is it good to leave the RFE or cancel the H1B transfer with consulting company?

Thats not your headache, the consulting company should cancel it

4. In case, if the consulting company answers for the RFE and my H1B is approved and my new end client also files for h1 transfer and gets that approved, then will I have the choice to join one of them? In that case, how and what should I do to the other H1B?

Yes you can choose who do you want to work for and the other company will have to cancel/revoke the H1

Thanks for all your time and help.

[babukiran]

Fantabulous immigrationseeker. Thank you so much for your answers. I am so glad to see that all of them are in my favor. Thank you for letting me know.

My Current company is a public sector. So I am planning on getting my visa stampping updated before I can move out from here and join either the consulting company or the other end client. Is it a wise move? What are the prs and cons? can any one share experiences at Toronto, ON. Canda? How many days do I have to stay there before I can collect my passports from them?

Thanks again.

-Kiran

[babukiran]

Any help please.

[babukiran]

Any help please.

[babukiran]

Any help please.

[kalyan_ac]

Any help please.

If you are expecting answers for Ottawa stamping, please open a new thread in the respective forum.

[babukiran]

Hi, I haven't seen any forms for Canada stamping. By chance, if you have the link handy, can you please post it here for me? Thanks.

[kalyan_ac]

Just open a new topic in H1-stamping forum.