H1-B RFE (Need Response ASAP. Please help)

[greencarddreamer]

Employer "A" filed a new H1-B in 2013 quota. It got picked in lottery. During the processing time, USCIS issued RFE. Employer "A" failed to answer the RFE correctly and it is rejected. I forced Employer "A" to apply MTR and he applied it. We haven't got any response from USCIS on the MTR until  April, so I worked with Employer "B" to file a new H1-B in 2014 quota.

 

Now, H1-B filed by Employer "B" is picked in lottery in April 2014 quota and also at the same time Employer "A" filed MTR is also approved in April 2014 after I applied H1-B with new Employer "B". So, after the MTR approval, I automatically converted to H1-B. The H1-B filed by Employer "B" got RFE. When we spoke to attorney's of Employer "B", they are advising to respond to RFE for requesting transfer of Employer "A" H1-B. They wanted to clearly explain the situation in RFE response and request to transfer the H1-B since H1-B filed by Employer "A" was uncertain even until April. Please let us know if it will be a problem with RFE response which Employer "B" is trying to do? Will it impact H1B which I am with Employer "A"? I am tensed. Let me know ASAP

[shandan]

If you are already working on H1B with Employer A, and wish to continue with Employer A then there is no question of doing anything, let the H1B application from Emp B get denied as you already have H1B from Emp A.

 

If you wish to now work for Emp B, then all you need to do is to do a H1B transfer, and that does not have to be in response to the RFE it will further make the things muggier from which they already are. All in all if you still wish to get an H1 transfer then get some paid consultation with an good immigration attorney like Murthy.

 

(My Opinion) - I would suggest just let the dust settle with your H1b situation continue with your H1b with Emp A and after sometime look for a H1b transfer if that is still the case and want.

[greencarddreamer]

If you are already working on H1B with Employer A, and wish to continue with Employer A then there is no question of doing anything, let the H1B application from Emp B get denied as you already have H1B from Emp A.

 

If you wish to now work for Emp B, then all you need to do is to do a H1B transfer, and that does not have to be in response to the RFE it will further make the things muggier from which they already are. All in all if you still wish to get an H1 transfer then get some paid consultation with an good immigration attorney like Murthy.

 

(My Opinion) - I would suggest just let the dust settle with your H1b situation continue with your H1b with Emp A and after sometime look for a H1b transfer if that is still the case and want.

Thank you very much for the response. I am with you by not responding to RFE. Employer "B" is not listening and he wanted to respond to RFE at any cost with the appeal for transfer. I am not able to stop him from responding to RFE :( If he responds the RFE with appeal for transfer and if USCIS rejects it, there should be any impact on current H1B with Employer "A" ????  That is what I am concerned. I can still work with Employer "A" H1-B as I am doing now??? Please let me know.

[rahul412]

Thank you very much for the response. I am with you by not responding to RFE. Employer "B" is not listening and he wanted to respond to RFE at any cost with the appeal for transfer. I am not able to stop him from responding to RFE :( If he responds the RFE with appeal for transfer and if USCIS rejects it, there should be any impact on current H1B with Employer "A" ????  That is what I am concerned. I can still work with Employer "A" H1-B as I am doing now??? Please let me know.

No problem, technically their is nothing called "H1 transfer" its just a terminology.

H1transfer= new H1 but cap exempt.  In your case even if B responds to RFE, you are safe since it won't effect A's H1. So you are good to go.