RECEIVED RFE ON H1B TRANSFER, PROJECT GOT OVER BEFORE ADDRESSING RFE


PKK22

Recommended Posts

Hi, 

I have my I-94 with company A until 2019 Jan.

I have joined full time to company B(working for client X) which has filed my H1 transfer in regular processing and recently changed it to premium case and received RFE on it. But the project got completed before we received RFE from USCIS.

RFE is about employee-employer relation, specialty occupation and project itinerary. So, we may not be able to get required letters from client  X for responding to RFE. 

Now I have my next project for client Z.

1) What should we be doing before i start working for client Z ?

2) Can we revoke the petition for client X and file new petition for client Z ?

3) If we revoke initial transfer/amendment petition for client X and file new one for client Z will I go to invalid H1 status ?

4) Or can I work as i have valid I 94 till Jan ?

5) I have done my bachelors in Electronics and Communications, will it be any problem in addressing the RFE ?

6) What will be needed to address the employee-employer relationship?

Please advice !!

Link to comment

The use of the word "We'" is not appropriate in the context of the H1.

1. The employer needs to file an amendment and the problem is the the existing RFE is redundant. Hence one cannot file an amendment with Z as the original petition will not be approved.

2. Revocation of the original petition now could render you in unlawful status.

3. See 2.

4. No, as you are not working for A. I would also point out new enforcement rules which may be detrimental to you.

5. You do not mention what you are doing in B.

6. Since the project is over with X, nobody can address it.

Maybe get whatever guidance you can from a Lawyer and soon. I am sorry. I see nothing positive in this scenario.

Is this a DCC?

Link to comment

Archived

This topic is now archived and is closed to further replies.