RFE - H1B Transfer

[nk2016]

Hi,

I have a valid H1B from Company A till Oct,2017 . I applied for H1B transfer to company B in March,2016 and started working on a new project on a receipt notice. I moved the case to Premium processing in Aug,2016.

Now I have got an RFE on the H1b transfer and it asks for Client Letter, employer-Employee Relation, Vendor Letter. I have time till November to send the reply for RFE. But now the Employer B is not responding to my phone calls and not paying me on time. 

I have provided him the required documents like client letter, vendor letter etc.

What are my options now:

1.  How can I make sure that company B reply to the RFE in time with proper documents asked.

2. Shall I initiate a new transfer for Company C ? So which will be from Company A to Company C.

Please suggest other options.

Thanks.

 

 

[rahul412]

Go for new employer and file a complaint for not paying you the salary. Remember, you need latest paystubs for transfer,so file a complaint against that FRAUD employer.

[nk2016]

Is it a good option to go back to the Company A because they have not revoked my H1B?.

Thank.

[nk2016]

Thanks for the reply Rahul.

Any other option I can go with for dealing with RFE. Can I go to my previous employer Company A?

Thanks!.

[rahul412]

17 hours ago, nk2016 said:

Is it a good option to go back to the Company A because they have not revoked my H1B?.

Thank.

Why do you want to go back to your previous employer who is known for doing shady activities? Why do you think that it is an option after all this happened? Why are you afraid of filing a complaint against that employer?

[Attorney_15]

In this situation, if the worker can return to Company A, that is the safest course of action for the simple reason that a petition filed by Company C and then a move to Company C from B will require asking USCIS to use their discretion to grant the I-94 Card to C since the time working at B is Period of Authorized Stay.

Under the law, if an employee is owed wages by an employer pursuant to the LCA and H1B Petition, the worker can file a complaint with the DOL Wage and Hour Division. Such a complaint can be used as evidence that any non-compliance with the H1B rules was due solely to the employer.