RFE 2nd H1b denied

[pri2011]

Hello,

 

I had a h1 full time a from healthcare company. Got transfered to a small consultancy in may 2013, who didnt do documentation well. As a result i got a RFE asking for Client letter which i submitted but the employer didnt see consistency with role with the vendor letter,  as a result my processing stopped and is denied. I have valid h1 till oct 2014 from previous employer where last pay check was in april. i started working for client in may and my payroll is run by that small consultancy. As of aug 16 i got denial. I got 33 days to appeal. Now prime vendor is ready to do my H1. The following are my questions:

 

1)Can I currently work

2) For my prime vendor to transfer, would that be from the health care company who holds a valid h1 but has pay checks dated a while ago or new one where I got denied?

 

Please answer. Any thoughts would be appriciated.

 

 

[Attorney_15]

If someone with an H1B for one company moves to work for another business without that second company having authorization from USCIS, then the employment is generally without authorization even if one has an I-94 card that is unexpired on its face. If such a person wants to ensure that he or she is working in valid H1B status, it would usually be a good idea to consult with an experienced immigration lawyer for advice.

[jairichi]

If someone with an H1B for one company moves to work for another business without that second company having authorization from USCIS, then the employment is generally without authorization even if one has an I-94 card that is unexpired on its face. If such a person wants to ensure that he or she is working in valid H1B status, it would usually be a good idea to consult with an experienced immigration lawyer for advice.

@ pri2011: This is one of the reason why you see several members suggesting not to join a new employer upon obtaining a receipt notice but to wait for approval.

[rahul412]

Hello,

 

I had a h1 full time a from healthcare company. Got transfered to a small consultancy in may 2013, who didnt do documentation well. As a result i got a RFE asking for Client letter which i submitted but the employer didnt see consistency with role with the vendor letter,  as a result my processing stopped and is denied. I have valid h1 till oct 2014 from previous employer where last pay check was in april. i started working for client in may and my payroll is run by that small consultancy. As of aug 16 i got denial. I got 33 days to appeal. Now prime vendor is ready to do my H1. The following are my questions:

 

1)Can I currently work

2) For my prime vendor to transfer, would that be from the health care company who holds a valid h1 but has pay checks dated a while ago or new one where I got denied?

 

Please answer. Any thoughts would be appriciated.

You are lucky that you have employer to file new H1 immediately. But before that contact an attorney to avoid further issues.

 

Bottomline, do not join new employer without H1 approval.