H1B reg. transfer - Premium after 6 months- RFE+job loss same day

MP Pathak

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Started with employer B in Nov 2016 on receipt. H1B regular transfer from employer A. Had upcoming plans to visit India in Apr 2017. Employer B filed premium in Mar 2017. Got RFE + lost job/project same day. Looking for new project. payroll running.

  • Last date to respond RFE - Jun 9th, 2017.
  • H1 time used - 1.5 yrs. 
  • I-94 date on employer A H1 - Jul 19th, 2017 (now revoked)

1. What are the scenarios If get new project / client letter responding RFE + amendment within time?

2. Family traveled irrespective. Based on above when can they travel back. (H4 stamp with previous H1 revoked)?

2. Is It better to move to F1 CPT to continue GC process? (current: PWD+ad+recruitment almost done, birthplace: Dubai)

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I would strongly suggest involving a good lawyer in the matter to guide you appropriately specially if you mean you are getting paid by the term "running payroll". You have time till June,9. I assume the employer is not able to answer the RFE satisfactorily? Get any H1 sponsor and return with the visa on approval. It seems odd that he can file your GC and yet not be able to answer an RFE about H1. Avoid any F1 CPT talk if you want smooth sailing in future though I guess some have got away.

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  • Supporting docs - client letter-Jul 2016 dated, vendor letter, vendor-implementation partner PO, EE agreement, offer letter - were all available when transfer initiated in Nov 2016. Employer didn't send then but, decided to send in Mar 2017 premium without pay stubs. (even though was included in email)
  • running payroll - only pay stubs
  • Can't transfer unless RFE is responded. (In any case need a project)
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