H1B Transfer RFE Questions


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Hi Guys,

 

I have received RFE on H1 transfer for the below items ?

 

 

1) My H1 Maxout is Apr 2015 and Perm is not yet applied. My H1 transfer had request till 2016 end so USCIS had asked for proof pending labor for more than an year or approved I140 so that they can consider request for 2016. I dont have neither one... 

 

My attorney is going to respond that it was a mistake and just give the H1 till Maxout (Apr 2015) only.

 

 

 

2) USCIS asked my employer to pay 2K extra as they have more than 50 % of employees on H1B as per their stats.

 

Attorney is going to respond on this.

 

 

3) Emp- employer relationship Right to control ... My employer is direct vendor to the end client.

 

We are going to submit SOW, PO, Client letter etc...Any additional docs needed here ?

 

 

 

Any one faced the above issues earlier ? Is there any chance of denial with the reason why you have provided false information on items 1 and 2 in the original petition ? Please advise...

 

 

Regards

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Your attorney is handling this. Why are you worried?

 

Hi Jairichi,

 

I know Item 3 is very normal and most of the people receive it so am not worried about it. I am  little bit worried about items 1 and 2 as inaccurate information was provided in the original petition , I know what attorney is going to respond for 1 and 2,  I  just want to know if any one earlier had similar RFE questions and how USCIS responded to that RFE...

 

Thanks

Krish

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Hi Jairichi,

 

I know Item 3 is very normal and most of the people receive it so am not worried about it. I am  little bit worried about items 1 and 2 as inaccurate information was provided in the original petition , I know what attorney is going to respond for 1 and 2,  I  just want to know if any one earlier had similar RFE questions and how USCIS responded to that RFE...

 

Thanks

Krish

Should not be an issue as long as attorney answers it correctly this time.

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Thanks Jairichi.. Also I am planning to convert the case to Premium while responding it back for the RFE... will it be an issue if we convert the case to premium ? Can it cause any additional RFE due to it?

No. You can choose PP anytime. It will not affect or influence decision on petition.

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  • 5 months later...

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