H-1 Transfer under RFE (Request For Evidence) stage

[karan_trivedi]

Hi,

 

My question is around my current H-1B application. I filed for my H-1B Visa this year. I got selected in the lottery, I was working for an IT staffing firm and was working with their end client for the past 18 months. Recently, my project with my end client got completed and I got an RFE issued against my application. The RFE is asking for various proofs regarding me and my end client, which for me now is not possible to provide as I am already done with my contract. 

 

My current employer (IT staffing company) is saying I can get onto a project with a new client and they can then file all the RFE paperwork thereafter.

 

Meanwhile, I was offered a new full time job opportunity with another company. This company lawyers say that they can file for a change of employer and apply for the H-1 via this new company. Since I am already selected in the lottery and have my receipt number(WAC or EAC #) this won't be a new application. 

 

My question is : Can I change employers while my H-1 is not approved and in the RFE phase to another Company by filing a change of employer??

 

Is this advisable?? Please help as I am really confused what should be my next step. Its a really good job opportunity and I would not want to lose it at the same time I understand my H-1 is my top priority.

 

Please let me know if anyone has faced a similar situation. Much appreciated!

 

Thanks!

[downbutstanding]

Hi,

 

Better option: Take full time opportunity. This will eliminate e-v-c or e-v or e-c model and possible rfe while taking full time job. It will be transfer application but a new application thus no relationship of current rfe while transfering.

 

Though you might get project with current employer and new client, there is still 50/50 change of rfe. The challenge will be

a. Getting a client letter before joining the project is close to impossible.

b. Other documentation like org chart, contract details, msa, sow will be required.

c. Your job function will not change but job location will change. Please find if amended h1b has to be filed in this case.

d. After all these documentation still 50/50 chance of approval.

 

Ask your employer to get documentation filed properly and in the meantime take full time opportunity.

 

Thanks.

[jairichi]

No, you can not change employers before approval. Your current employer has to respond to RFE. If he/she chose to ignore then your H1B petition is deemed abandoned or approval would be denied by USCIS. You will have to wait for next April to file another H1B petition

[rahul412]

Hi,

 

My question is around my current H-1B application. I filed for my H-1B Visa this year. I got selected in the lottery, I was working for an IT staffing firm and was working with their end client for the past 18 months. Recently, my project with my end client got completed and I got an RFE issued against my application. The RFE is asking for various proofs regarding me and my end client, which for me now is not possible to provide as I am already done with my contract. 

 

My current employer (IT staffing company) is saying I can get onto a project with a new client and they can then file all the RFE paperwork thereafter.

 

Meanwhile, I was offered a new full time job opportunity with another company. This company lawyers say that they can file for a change of employer and apply for the H-1 via this new company. Since I am already selected in the lottery and have my receipt number(WAC or EAC #) this won't be a new application. 

 

My question is : Can I change employers while my H-1 is not approved and in the RFE phase to another Company by filing a change of employer??

 

Is this advisable?? Please help as I am really confused what should be my next step. Its a really good job opportunity and I would not want to lose it at the same time I understand my H-1 is my top priority.

 

Please let me know if anyone has faced a similar situation. Much appreciated!

 

Thanks!

No, that's not possible. May be that attorney is thinking that your initial H1 is already approved or he doesn't know about H1.

You cannot file new H1 under cap exempt without initial H1 approval.

[kalia12345]

Hello,

 

 Transfer only happens when it is  approved... yours is not approved  yet so no question of transfer...