kattu786 Posted May 10, 2012 Report Share Posted May 10, 2012 Recently I applied for an H1B transfer from Company A to Company B.The transfer got approved but with an RFE.The petition got approved just for one year only..... When I asked the attorney she told that they requested for 3 years but there is a recent trend that for RFE cases USCIS is granting the petition for one year only....Is this really happening My understanding was that CIS will issue the visa for the number of years petitioner asks for.Mine is not the case of a vendor-employee but I would be working as a FT employee Link to comment
wiweq Posted May 10, 2012 Report Share Posted May 10, 2012 'When I asked the attorney she told that they requested for 3 years but there is a recent trend that for RFE cases USCIS is granting the petition for one year only....Is this really happening' It's not like only RFE cases are getting one year validity. My H1b was cleanly approved for one year only with no RFE. More H1bs means more money to USCIS, more jobs at USCIS, more money by stamping, more jobs at consulates, less probability of maintaining H1 status and thus stimulus to local job market. Though, I never seen FTE getting one year H1b approval. Link to comment
JoeF Posted May 10, 2012 Report Share Posted May 10, 2012 For consulting companies, the approvals often are limited based on the contract length. That shouldn't be the case for people working in product companies. It may be that the lawyer made an error. Link to comment
kalyan_ac Posted May 10, 2012 Report Share Posted May 10, 2012 Its upto to USCIS discretion how long they approve the petition for. This is very common in EVC model today but have not seen the same incase of FTE. You can go back and ask them. Link to comment
kattu786 Posted May 10, 2012 Author Report Share Posted May 10, 2012 Its upto to USCIS discretion how long they approve the petition for. This is very common in EVC model today but have not seen the same incase of FTE. You can go back and ask them. Sorry....I think I put it in a wrong way....I am not an employee of client.I would be employed with company X and X would placed me at a client site....There are no layers in between the employer and client... Few of my friends got their H1 transferred like this (in EC model) and they got it for 3 yrs.... Link to comment
cap-gap Posted May 10, 2012 Report Share Posted May 10, 2012 it is so hard to answer if you dont post the complete details..what was the RFE about? was it about your firms projects/work load? by any chance, was ur PD current when u filed? Link to comment
ravi4408 Posted May 10, 2012 Report Share Posted May 10, 2012 This is completely upto the USCIS to decide the length of the H1B. Genrally in EVC it depends on the dates mentioned on the Client/Vendor letter. In some cases i have seen number of people getting 1 year even if the dates mentioned are 3 years. Some of colleagues who filed for extension all got a 1 year but mine is new H1 and i got it for 3 years with the same paperwork. Link to comment
JoeF Posted May 11, 2012 Report Share Posted May 11, 2012 Sorry....I think I put it in a wrong way....I am not an employee of client.I would be employed with company X and X would placed me at a client site....There are no layers in between the employer and client... Then you are working for a consulting company in EC model. As I said before, CIS nowadays often approves H1s from consultants for the duration of the contract only. Link to comment
kalyan_ac Posted May 11, 2012 Report Share Posted May 11, 2012 Sorry....I think I put it in a wrong way....I am not an employee of client.I would be employed with company X and X would placed me at a client site....There are no layers in between the employer and client... Few of my friends got their H1 transferred like this (in EC model) and they got it for 3 yrs.... Company X probably showed the workorder/SOW for only 1 year. Link to comment
kattu786 Posted May 11, 2012 Author Report Share Posted May 11, 2012 Company X probably showed the workorder/SOW for only 1 year. I did see I129 and LCA.These document were for 3 years but I think SOW/WO were something that USCIS didn't get convinced. Link to comment
kattu786 Posted May 14, 2012 Author Report Share Posted May 14, 2012 'When I asked the attorney she told that they requested for 3 years but there is a recent trend that for RFE cases USCIS is granting the petition for one year only....Is this really happening' It's not like only RFE cases are getting one year validity. My H1b was cleanly approved for one year only with no RFE. More H1bs means more money to USCIS, more jobs at USCIS, more money by stamping, more jobs at consulates, less probability of maintaining H1 status and thus stimulus to local job market. Though, I never seen FTE getting one year H1b approval. Wiweq, Were you working on the EC/EVC model.Since you only got it for one year I assume you would have filed for ext.Were there any issues you faced for H1 extension in the future for the same company. Link to comment
wiweq Posted May 15, 2012 Report Share Posted May 15, 2012 "Wiweq, Were you working on the EC/EVC model.Since you only got it for one year I assume you would have filed for ext.Were there any issues you faced for H1 extension in the future for the same company. " => Either your same employer files H1b or different employer. If your previous status was H1b, in both cases, it’s H1b extension. Employer need to prove that they have legit work for the beneficiary (in both cases). Link to comment
nvedia Posted January 29, 2015 Report Share Posted January 29, 2015 'When I asked the attorney she told that they requested for 3 years but there is a recent trend that for RFE cases USCIS is granting the petition for one year only....Is this really happening' It's not like only RFE cases are getting one year validity. My H1b was cleanly approved for one year only with no RFE. More H1bs means more money to USCIS, more jobs at USCIS, more money by stamping, more jobs at consulates, less probability of maintaining H1 status and thus stimulus to local job market. Though, I never seen FTE getting one year H1b approval. Rightly said USCIS is making $5000 out of you every year this way .... Link to comment
JoeF Posted January 29, 2015 Report Share Posted January 29, 2015 Rightly said USCIS is making $5000 out of you every year this way .... Wrong. The employer has to pay the fees. And first, it's not $5K, and second, that's pocket change for an employer (maybe except for some fly-by-night operator.) And third, the employer can deduct it from the company taxes as business expense. Link to comment
nvedia Posted February 3, 2015 Report Share Posted February 3, 2015 Wrong. The employer has to pay the fees. And first, it's not $5K, and second, that's pocket change for an employer (maybe except for some fly-by-night operator.) And third, the employer can deduct it from the company taxes as business expense. well whatever way you take it but eventually money does go out of your salary Eventually these kind of costs would discourage employer to hire H1B or pay them less Remember even if you are seeing big billion dollar companies, they have too many H1B employees Link to comment
JoeF Posted February 3, 2015 Report Share Posted February 3, 2015 well whatever way you take it but eventually money does go out of your salary Eventually these kind of costs would discourage employer to hire H1B or pay them less Remember even if you are seeing big billion dollar companies, they have too many H1B employees It is not coming out of the beneficiaries' salary. That's prohibited. Please educate yourself about the laws. And if it discourages shady consulting companies to file H1s, that would be a good development. Find a real employer, not some shady consulting company. As I said, these fees are pocket change for an employer, even more so for multi-billion dollar companies. Link to comment
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