H1B Transfer RFE Case study. While Switch to another employer

[sowjanya.koka]

I have a valid H1B Visa from Company A & I travelled to U.S through company A. I have also had H1B Transfer approved petition documents from Company B before I travelled to US through company A.

 

Recently I have resigned from company A, my last working day on August 15th 2013 and joined in another company C on Sep 4th 2013. Company C has filed the H1B on Sep 1st with regular processing and I received a RFE of my H1B process and they are asking to provide the earning statements/ Pay stubs from Aug 1st to Aug 30, 2013.

 

As I have resigned from my previous company A on August 15th 2013 and joined in Company B. In this span of time I have the pay check/Pay stub from Aug 1st to Aug 15, 2013. but I don't have the paycheck from Aug 16th to Aug 30th 2013. Finally I can provide my 15 days paycheck to USCIS, but remaining 15 days paycheck I cannot provide to USCIS. This may cause may be denied and/or CIS may issue an approval without an I-94 therefore.

 

1) In My case I don't want to take risk that's why now I am planning to move to Company B which has approved petition (Valid petition From Jan 2013 to Sep 2015). Can I switch to company B? if yes what is the necessary actions to-do by company B.

2) If I switch to company B do I need to go for stamping (I have a valid visa till Sep 2014)?

3) If I join company B, do company C has to revoke the existing petition filled which has the status of RFE.

 

Thanks in advance

[jairichi]

I have a valid H1B Visa from Company A & I travelled to U.S through company A. I have also had H1B Transfer approved petition documents from Company B before I travelled to US through company A.

 

Recently I have resigned from company A, my last working day on August 15th 2013 and joined in another company C on Sep 4th 2013. Company C has filed the H1B on Sep 1st with regular processing and I received a RFE of my H1B process and they are asking to provide the earning statements/ Pay stubs from Aug 1st to Aug 30, 2013.

 

As I have resigned from my previous company A on August 15th 2013 and joined in Company B. In this span of time I have the pay check/Pay stub from Aug 1st to Aug 15, 2013. but I don't have the paycheck from Aug 16th to Aug 30th 2013. Finally I can provide my 15 days paycheck to USCIS, but remaining 15 days paycheck I cannot provide to USCIS. This may cause may be denied and/or CIS may issue an approval without an I-94 therefore.

 

1) In My case I don't want to take risk that's why now I am planning to move to Company B which has approved petition (Valid petition From Jan 2013 to Sep 2015). Can I switch to company B? if yes what is the necessary actions to-do by company B.

2) If I switch to company B do I need to go for stamping (I have a valid visa till Sep 2014)?

3) If I join company B, do company C has to revoke the existing petition filled which has the status of RFE.

 

Thanks in advance

1. You cannot move to company B just like that. They would have revoked your H1B petition long back. Company B has to file a cap exempt petition. It is called a bridge petition. The outcome of this petition depends on the decision of company C's H1B petition. Mostly you would get an RFE for pay stubs and it would be approved with consular processing.

2. If it is approved as consular processing you need to exit and enter US and no need for new stamping.

3. If they do not response to RFE the petition automatically gets denied.

[sowjanya.koka]

Thanks for your reply.i have another query.

 For point no 1 :  i have already spoken to Company B which has approved petition regarding my status of my H1B petition. They said they did not revoke yet, still your H1B is valid. In this case Can i join in company B? if yes what are necessary actions need to do by company B. 

 

Do they need to submit any documentation / paper work to USCIS stating that this guy is moving from company C to Company B or etc.