Job change while H1 transfer pending

[montyp80]

Hi, I am in a tricky situation right now and need some guidance to evaluate possible options for my case...

I was employed with employer A from Feb 2009 through June 2012. Working on In-house projects.

H1B visa renewed and stamped through Employer A which is valid through September 2014.

I decided to change jobs and found Employer B (A consultant, sub-contractor to various Prime vendors) who found me Project A (through Prime Vendor A).

Employer B applied for H1 transfer (employer A to Employer B) without Client letter, Vendor letter or Educational Background, with location information of Project A and USCIS (california) recieved application on June 28th 2012 under regular processing. We recieved the reciept number and I started work on Project A from July 1st 2012.

Employer A has NOT notified USCIS or cancelled my H1 visa through his company yet.

Employer A ran my payroll through June 31st. And from July 1st my payroll is being run at Employer B.

After 1 month, Project A ended on August 13th 2012 (project got scrapped). However Employer B found Project B, thorugh Prime Vendor B, which will start August 27th 2012.

Here is everything in nutshell

H1B visa renewed and stamped through Employer A, valid through September 2014

Employer A - last date of Payroll June 31st 2012

Employer B - first date of Payroll July 1st 2012

Application for H1 transfer (Emp A to Emp B) June 28th 2012

Project A (Emp B through Prime Vendor A) July 1st to August 13th 2012

Project B (Emp B through Prime Vendor B) Starting August 27th

Now the situation is...

1. H1 transfer application is still under processing. Usualy it takes 60 days for USCIS to respond, considering that we are expecting some answer next week. But now if I get RFE (which is very likely as Employer B did not submit client letter, vendor letter or Educational background) under that application and if we are asked to submit client letter or vendor letter then it will not be possible as currently no ties with Prime Vendor A (that is what Employer B is saying).

2. If we withdraw the current application then how do we justify payroll being run-through Employer B starting July 1st.

3. If we recieve RFE, and asked to produce Vendor or Client letter, should we withdraw the application then? And file fresh application with information about Project B? But in that case, how do we justify visa status for time period starting from July 1st till today, with Employer B?

4. What can be best possible solution to my situation? If there is any...

I would really appreciate any suggestions or feedback.

Thanks

MP

[Attorney_10]

The facts of your case appear complex. Generally, it is not permissible for the terms and conditions of the H1b petition to change while the petition is pending. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and the different options that may be available to you.