Transfer H1B keeping the same vendor and end-client?


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My current H1B is going to expire in two months. My employer (Company A) applied for extension (premium processing) and got an RFE that requires us to prove employer-employee relationship. My scenario is Company A -> Vendor -> Client.

I still have two months valid H1B, but I want to see if I can also file a transfer on the same project. That means keeping the same Vendor and Client but transferring my H1B from company A to Company B? My concern is since we are trying to establish an employer-employee relationship with Company A (in already under process extension), would it have a negative impact on both extension and transfer cases? Doesn't it show that I am not bound to Company A, but actually to the vendor or the end client, breaking the employer-employee relationship itself? Can USCIS check a beneficiary's case against other pending extension or transfer cases of the same beneficiary?

Thanks in advance

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  • 3 weeks later...

I had a some what similar issue.

Company A filed for amendment with vendor B and client C. Received RFE. Around the same time

Company (Vendor B) big IT firm applied for H1B transfer with client C

USCIS sent RFE to both COs

Please take expert legal advice on this issue as you have limited time on your H1

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