Urgent H1b Transfer RFE


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Hi was working for company A and I lost my job but I had my H1 approved in this year cap and I was there in the company A till October 14 till my H1 gets activated. That day itself I applied for F2 dependent visa as my husband is in F1 status but lucking I got job and my Company B applied for my H1 transfer in premium processing. Now Company B initiated my H1 transfer on 30th of October and I received and RFE saying that I am not counted in the cap. what does that mean?  Also lawyer replied to RFE on 15th of November. The next day on 16th November the status on USCIS website is showing that "Response To USCIS Request For Evidence Was Received", How many days will it take to respond for this situation? Also will it be any problem?

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  • 2 weeks later...

If your first h1b petition was approved, you were counted against the cap. Provide USCIS with your I-129 from your original petition along with your approved I 797 which will prove that you were counted against the cap.


Even if company A withdraws the petition, it will not change the fact that you were counted against the cap.

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