H1B visa transfer got 2nd RFE

[Jay4usa]

Hi everyone,

I would like to share my current situation with you all and want to get your inputs/help on this.

I initiated my H1B from my previous employer A to new employer B in nov 2012.

I got an employment with client C and working through my new employer B on the new reciept. in betweeen my new employer and the end client, there are two layers L1 and L2 (sub vendors).

When my employer filed the petetion, he mentioned the information of only one layer L1.

The first RFE we got for the explanation of the purchase order from L1 and company names were spelled incorrectly.

I also got the end client letter from client C. we responded to RFE 1.

After this, USCIS enquired with my end client C about my employment. My end client told that I am working with them but through Layer 2(sub vendor2) and he also mentioned that a manager from Layer 2 will be supervising me at work.

Now USCIS has given the 2nd RFE asking about the layer 2 as they have no information since the petetion was submitted.

I am worried because I heard if a petetion gets 2nd RFE, the petetion will be denied mostly.

Please suggest me how to get rid of this situation. What would be the information my employer should provide to USCIS? I will have to respond to the 2nd RFE by 15th feb 2013.

More importantly, my previous employer already invoked my previous H1B I had with them.

Thanks! Appriciate your response.

[rahul412]

When my employer filed the petetion, he mentioned the information of only one layer L1.

The first RFE we got for the explanation of the purchase order from L1 and company names were spelled incorrectly.

I also got the end client letter from client C. we responded to RFE 1.

Looks like your employer is fraud. He lied to USCIS in your petition. If you get caught for lying then your petition will be rejected

After this, USCIS enquired with my end client C about my employment. My end client told that I am working with them but through Layer 2(sub vendor2) and he also mentioned that a manager from Layer 2 will be supervising me at work.

Now USCIS has given the 2nd RFE asking about the layer 2 as they have no information since the petetion was submitted.

Here USCIS has got the information about your second vendor and requesting info about them. Most probably your employer can't reply to this query, so that's the reason USCIS gave you deadline( usually for RFE USCIS give more than enough time to respond)

Please suggest me how to get rid of this situation. What would be the information my employer should provide to USCIS? I will have to respond to the 2nd RFE by 15th feb 2013.

If you really want to get rid of this mess then find another employer and make sure that you have less no of layers in between.

After reading your post one thing is sure that your employer is fraud. And there are very less chances for you H1 to get approved( I am not discouraging you).

Leave this employer ASAP before he withdraws the petition.

[Jay4usa]

Hi All,

Seeking help from you all. here is my situation now.

My employer has responded to my 2nd RFE today. But I am out of project now and my project got ended on 4/5. Now Employer stated that I would be working in their office and taking some technical trainings. They are submitting all the paper work to show that I am their employee.

However they are not 100% confident on getting my case approved.

If my case gets denied, what are my options? I am expecting the decision on my case next week since it is a premium process and will not take much time.

Another thing, My wife is also on H1B visa and she is working now.

If I change my status to H4 as dependent to her and after one or two months if I get a job, Can some employer file a H1B petetion for me? if so will that come under H1B Cap?

Or should I wait till next H1B cap 2015?

Please advice. Thanks in advance.

[Jay4usa]

Hi All,

Just want to give an update on my case and looking for your suggestions.

Today my employer responded to this RFE. But the thing is due to some budget constraints, I am out of my current project.

As USCIS questioned earlier, there is no source to prove the employee-employer relationship since I am out of the client.

My employer is stating that I am still their employee and getting some training in their office and showing all the documentation that proves me as their employee. But they are not 100% sure on getting my case approved.

Now the question is if the petition gets denied, what are my options? I do not have any project in my hand to file a new petition.

One more thing is My wife is also on H1B visa and she is working now.

Can I change my status to H4? if I do so, after 1 or 2 months if I get any project Can some employer file new H1B for me?

If they file a new H1B, will that comes under H1B yearly cap? should I wait till next cap?

Please provide your valuable suggestions. Appreciate your help. Thanks in advance.

[rahul412]

Now the question is if the petition gets denied, what are my options? I do not have any project in my hand to file a new petition.

One more thing is My wife is also on H1B visa and she is working now.

Can I change my status to H4? if I do so, after 1 or 2 months if I get any project Can some employer file new H1B for me?

If they file a new H1B, will that comes under H1B yearly cap? should I wait till next cap?

Please provide your valuable suggestions. Appreciate your help. Thanks in advance.

Just move to H4 and find new employer I mean FTE and get new H1. This H1 will be cap exempt because your initial H1 was already approved.

[JoeF]

This "inhouse project" BS is a known code-word for on bench. A clear recipe for a denial.