Should I travel to US with RFE on h1 transfer

[ambi_girl]

I was working in US for Employer A until last week. Now  I am back in India.  During my stay in US, I got an offer from Employer B and they filed my visa transfer. However, my employer (Emp A) called me back to India during that time when visa transfer was still in progress.

Today my attorney has received RFE on my case and they need to submit client letter.

Employer B is suggesting me to travel back to US on Employer A's visa (which is valid until October 2014)  next week and join Employer B. They said we will respond to RFE once I join them.

Also they are advising me to say that I am going to work for Employer A at the Port of Entry since I will be carrying Employer A's approved petition and the visa.

So my question is :  

1) Is it legal to enter US on Employer A's Visa and start working with Employer B where the case is still in RFE?

If yes, what should I tell at the Port of Entry?

2) Would my returning back to India impact my I-94 extension?

[pontevecchio]

That would be extremely unwise and lead to a permanent ban. Talk to your Lawyer if he represents you and not the company. Money at all costs is not always beneficial. Do not do this.

[jairichi]

I was working in US for Employer A until last week. Now  I am back in India.  During my stay in US, I got an offer from Employer B and they filed my visa transfer. However, my employer (Emp A) called me back to India during that time when visa transfer was still in progress.

Today my attorney has received RFE on my case and they need to submit client letter.

Employer B is suggesting me to travel back to US on Employer A's visa (which is valid until October 2014)  next week and join Employer B. They said we will respond to RFE once I join them.

Also they are advising me to say that I am going to work for Employer A at the Port of Entry since I will be carrying Employer A's approved petition and the visa.

So my question is :  

1) Is it legal to enter US on Employer A's Visa and start working with Employer B where the case is still in RFE?

If yes, what should I tell at the Port of Entry?

2) Would my returning back to India impact my I-94 extension?

1. If you are going to work for employer A after entering US then you can use your employer A's I797. Otherwise it is better to wait for employer B's H1B approval and later enter US.

 

If you have already resigned from employer A and your employer A's H1B petition has been revoked and you are caught lying at POE it would be deportation and life long ban.

 

It is better to enter with employer A's I797 and work with them for a week or two and later transfer to employer B. It is still risky to join without approval because of the following question.

What would be your situation if employer A revokes your H1B petition and employer B's H1B petition is denied later?

[JoeF]

Employer B obviously is a fraud.

What they suggest would get you banned for life.

Find a better employer.

[rahul412]

Employer B is suggesting me to travel back to US on Employer A's visa (which is valid until October 2014)  next week and join Employer B. They said we will respond to RFE once I join them.

Also they are advising me to say that I am going to work for Employer A at the Port of Entry since I will be carrying Employer A's approved petition and the visa.

That's completely ILLEGAL, employer B is perfect example for FRAUD employer. Moreover, you need A's employment letter at POE, without that you cannot enter into US and once caught at POE without proper documents then you will be deported and may be ban for 10yrs (in some cases).

 

Simply tell your new employer  that you will join only after H1 is approved, and I am 100% sure this H1 will not be approved.Because he want's you to join them so that he can get that client letter to answer the RFE.

[ambi_girl]

Thanks a lot guys for your replies.

 

Is it really required to join the employer for getting the client letter? Someone told me that Employer B can submit the client letter even if I have not joined them. 

[jairichi]

Thanks a lot guys for your replies.

 

Is it really required to join the employer for getting the client letter? Someone told me that Employer B can submit the client letter even if I have not joined them. 

Yes, employer cab submit it even before joining.

[rahul412]

Thanks a lot guys for your replies.

 

Is it really required to join the employer for getting the client letter? Someone told me that Employer B can submit the client letter even if I have not joined them. 

That's correct. But why is he asking you to join them before the approval?? Think practically...!!!!

[madhu418]

Hello Ambi_girl,

 

it is illegal to enter US with intent to work for A and then join B. I guess you already know the answer to this by now.

 

If you plan to continue workign in US, then your best option is come and work for A (assuming you have job at A and sufficient documenation) and then look for a new employer.

 

Beware of all consultant companies, i work for one and am stuck at this guy (a mistake made when desperate. joined this company after working 2 years fulltime and the life here is horrible within a month time). Try to find out the procedures that a company should follow to hire and have a H1B worker working for a  company and create a criteria/profile of a future company you want to join and then start shoping for employers. if you ask all proper questions most fraud guys will not give you proper info of these things (better to send an email so you will have a paper trail of conversaion) so you will be in a better position to decide whether to join a company or not? (You should be worried about companies that are H1B dependent mostly and for other companies try to get a 2 week to a month notice in the offer letter (with or without severance) if you have the leverage to ask for it)

[ambi_girl]

Hi All,

 

Thank you so much providing your inputs. You saved me.

My employer is not sharing anything with me now. He said they have got an RFE to submit client letter. They are not even sharing the RFE with me and not providing any updates. They just want me to join ASAP.

I do not have attorney's number too.

When I look online for my case status.. it shows "at this time USCIS cannot provide information on your case".

This is really frustrating,

[jairichi]

Hi All,

 

Thank you so much providing your inputs. You saved me.

My employer is not sharing anything with me now. He said they have got an RFE to submit client letter. They are not even sharing the RFE with me and not providing any updates. They just want me to join ASAP.

I do not have attorney's number too.

When I look online for my case status.. it shows "at this time USCIS cannot provide information on your case".

This is really frustrating,

Well, if an employer is not transparent in their activity and start giving you wrong suggestions that would jeopardize your career in US it is a sure sign to start looking for a new employer.

[rahul412]

Hi All,

 

Thank you so much providing your inputs. You saved me.

My employer is not sharing anything with me now. He said they have got an RFE to submit client letter. They are not even sharing the RFE with me and not providing any updates. They just want me to join ASAP.

I do not have attorney's number too.

When I look online for my case status.. it shows "at this time USCIS cannot provide information on your case".

This is really frustrating,

Dude, you are safe. So forget about that employer and concentrate on your work.

[ambi_girl]

Thanks for your help guys!!