H1 B Transfer RFE

[danrichmond]

Have been in US since 2007. Have I-140 Approved with Company A (EB3). Still in 6 year Quota.

> Company A : Jan 15th 2012 Project ended. Employer submited USCIS request to close H1B.

> Company B : Filed LCA in Feb 2012 and H1 B on March 1st.

> RFE : April 25 2012 : USCIS : Stating to show

1. Pay Stubs for Feb 2012 with Company A

2. Contract details with Client

> RFE : has until July 15 2012 to Respond to.

>> Since I do not have Pay stubs for Feb & also have not joined compnay filed on LCA. What would be my options

Options to not go out of status:

> 1. Change of Status to F1 ?

1.1 if do decide to take addmission to college on F1 ? how long do I have to wait to transfer or apply for H1 again.

> 2. Can I withdraw my H1 B transfer USCIS ? on which I got RFE

2.1 : If I can withdraw will it be recommended. If I can I can go to India and Apply again.

2.2 Will H1 B withdrawal affect adversly on applying again.

> 3. Can change Status to B1\B2 ? without leaving the US ?

3.1 : If so can I transfer to H1 B after a month or so.

Will appreciate if you'll would share your experiences and recommendation's.

[wiweq]

"1.1 if do decide to take addmission to college on F1 ? how long do I have to wait to transfer or apply for H1 again."

Do you think that F1 will be approved wihtout paystubs? COS or extension always needs paystubs to prove your last legal H1b stay.

Best bet; leave USA and let them file your H1b.

Second option: Find another employer who will file your H1b using the receipt of this RFE-H1b. Because the result of this RFE-H1b is not yet decided, this will make you in status. Ask the new employer to file the H1b in PP, so that you can get the result before July 15, 2012 (due date of RFE).

[Attorney_10]

Generally, an individual must be maintaining valid nonimmigrant status to be eligible to change H1B employers or to change or extend status in the U.S. An H1B holder is generally only maintaining H1B if s/he is working for and getting paid by the H1B employer pursuant to the terms of the H1B petition. If one is not able to demonstate maintenance of status, the H1B petition is likely to be approved for consular notification only (i.e. without an extension of stay) and one would be required to travel abroad and re-enter with the new petition to resume valid status. Please scheule a consultation with a qualified immigration attorney to discuss the specific facts relating to your case.