H1B Transfer RFE due to Time Limitation - Need Clarification

[newtomurthy]

I was in USA in L1 with Comp X before for about 5 years...

 

I went back to India in Sep-2012 and got my New H1B with Comp A (Desi) and Stamped till Sep-2015....

 

 

I got a new Job with Comp B and they applied for the Transfer from Comp A to Comp B in PP and upon receipt number after 10 days I had joined the Comp B

 

 

Comp B applied on Jul 2013 and asked for 3 more years in the transfer as Jul 2016

 

Now today got an RFE today saying that my 6 years period ends on Feb 2016 and asking for Jul 2016 means an extension and if you need till Jul 2016 we need to submit the proof for staying >= 365 days in india etcc...

 

 

 

NOW THE QUESTIONS are 

 

 

1. Does this means at any cost I will be getting the Transfer Approved ??? or there is a change of DENIAL?

 

2. Is there any chance of DENIAL ?

 

Thanks

[rohang]

You situation is not clear as you have not mentioned dates in right order.

 

Was thr a gap of 365 days b.w. you day of return (on L1) and your filing of H1b?

 

I believe thr was not enough (>-365 days) gap. then you just have 1 yr on h1b remaining i.e. till SEP 2013. 

[newtomurthy]

Hi Rohang

 

Thanks for the Response

 

Here is the dates 

 

With L1 on Comp X. I had in USA ON/OFF but the max time I sepnt in india was 11 Months and not 365 days. Over all in L1 I had in US for about 51 months

 

From Mar-2013 I came here in H1B for COMP A (Desi) during Contracting. In 4 months now I got an offer with Comp B and initated the transfer.

 

Let me know if you need more information

[kmodugu0708]

L1+H1B+Any timelength outside of USA==6-year Time Limit Reached

 

Count your days that you lived inside and outside and submit your copies of i-94 

[JoeF]

The time in L1 and H1 status is combined and the combined time can not be over 6 years.

[rohang]

Hi Rohang

 

Thanks for the Response

 

Here is the dates 

 

With L1 on Comp X. I had in USA ON/OFF but the max time I sepnt in india was 11 Months and not 365 days. Over all in L1 I had in US for about 51 months

 

From Mar-2013 I came here in H1B for COMP A (Desi) during Contracting. In 4 months now I got an offer with Comp B and initated the transfer.

 

Let me know if you need more information

 

In your case you dont have 3 yr remaining, best you have is 21 months (6 yr - 51 months). I am not sure why company B lawyer didnt notice this.

 

Regarding RFE, it seems its a right one, now days you cannot just ask for 3 yr on H1b, your company need to proof that they have project till that time. 

[newtomurthy]

Hi Rohang

 

Thanks for the response. I assume I have  6 years - 55 Months (51+4 now)... So I have  17 months more.

 

Comp B is working with State Gov Projects and have SOW till 2016.I guess that is why the RFE doesn't have any quesions on that.

 

Now my question again is 

 

1. I dont think Comp B can have a justification on asking for 3 Years from Jul 13 to jul 16, So what kind of response to RFE will SAVE ME from not getting Denied?

 

2. Not sure how come the USCIS person saying that my 6 years period Ends by Feb 16...?? as I only have 17-18 months more to go? Is there any issue you see  on this?