pantya Posted February 20, 2015 Report Share Posted February 20, 2015 Hello Everyone. New to this forum and don't have much knowledge when in these situation, so appreciate your expert advice I am employee of Company A and work on client location I have completed 6 years in H1B, My I140 was approved 2 years back. Company filed H1B renewal on 11/05/2014, Put in Premium on 12/15/2014 . Got RFE on 12/16/2014. My I94 Expired on 01/16/2015. Reason of RFE is employee-employer relationship which I guess I have to submit Client letter, This is where everthing stuck Client is unable to provide client letter because my company has to change contract terms with client and now my Company can only work with client through sub contracting company (company b), This new contract terms is still in process of finalized and can take weeks or month. I have like 3 more weeks before submit RFE . not sure what to do. what are my options? Also wants to know. 1, If at this time i do H1 transfer in parallel by some other company (company c) and work with same client. is this workable backup plan? 2 if RFE submission by Company A result renewal rejection, will it impact Company C H1 transfer? 3. If RFE submission by Company A result in rejection, Is it legal to stay in US to wait result of Company C h1 transfer? 4. If i go back to India after Renewal Rejection as Company A will expect and later if got H1 Transfer approved by Company C, Can i come back in US based on this approval ? Appreciate your help Regards Pankaj Link to comment
rahul412 Posted February 20, 2015 Report Share Posted February 20, 2015 1, If at this time i do H1 transfer in parallel by some other company (company c) and work with same client. is this workable backup plan? 2 if RFE submission by Company A result renewal rejection, will it impact Company C H1 transfer? 3. If RFE submission by Company A result in rejection, Is it legal to stay in US to wait result of Company C h1 transfer? 4. If i go back to India after Renewal Rejection as Company A will expect and later if got H1 Transfer approved by Company C, Can i come back in US based on this approval ? 1. That won't work bcos you don't have a client letter 2. No, but C's H1 will be rejected bcos of lack of client letter 3. Yes, but in your case I94 is expired. 4. Yes what are my options? Find a real employer not a consulting firm. No matter how many transfers you file it will be the same result. Link to comment
jairichi Posted February 20, 2015 Report Share Posted February 20, 2015 1. It is a workable backup plan. But, if you have signed an non-compete agreement with current employer then it is not. 2. Yes, in that case employer C's petition if approved will not have an I94 attached to I797. 3. Yes. 4. Yes. Link to comment
pantya Posted February 20, 2015 Author Report Share Posted February 20, 2015 Thanks Rahuil, Very helpful To your reply on point 1 : Company C already have established contract (this is also sub contract) with client and if client is willing to give letter for company C, in this case is it workable option? Thanks Jai for reponse. Very helpful Guys, I have little more development on this with my company.. They are offering me to go back to India in their Offshore team and come with back on L1A.. In this case i have few questiosn on my GC as i have already completed 6 years and I140 is approved 1. First of all is it really so straight forweard, i mean getting L1A from India. I have more than 10 year experience in total and currently working as Senior Project manager. I was in offshore for 1.5 year before coming to US, but not sure if this is only criteria? 2. Also how soon i can apply for L1A from india? Is this different company to company? 3. if this happens, Do i need to do labor and I140 again after reaching to US? 4. If not than after coming to US how soon i can apply for GC as i know in case of L1A priority date is almost current. My current priority date is Dec 2012 Thanks for your help. Link to comment
rahul412 Posted February 22, 2015 Report Share Posted February 22, 2015 Thanks Rahuil, Very helpful To your reply on point 1 : Company C already have established contract (this is also sub contract) with client and if client is willing to give letter for company C, in this case is it workable option? Yes that should work. Link to comment
pantya Posted February 22, 2015 Author Report Share Posted February 22, 2015 One more question I have, If VISA renewal denied, how many days I have before I go back to India. Thanks for your help. Link to comment
jairichi Posted February 23, 2015 Report Share Posted February 23, 2015 One more question I have, If VISA renewal denied, how many days I have before I go back to India. Thanks for your help. Immediately. Link to comment
rahul412 Posted February 23, 2015 Report Share Posted February 23, 2015 One more question I have, If VISA renewal denied, how many days I have before I go back to India. Thanks for your help. Its not visa renewal, its petition ext. If it gets denied then you will be out of status from next day. So you have to leave ASAP. Link to comment
pantya Posted February 23, 2015 Author Report Share Posted February 23, 2015 Thanks Guys, I have little more development on this with my company.. They are offering me to go back to India in their Offshore team and come with back on L1A.. In this case i have few questiosn on my GC as i have already completed 6 years and I140 is approved 1. First of all, is it really so straight forweard, i mean getting L1A from India. I have more than 10 year experience in total and currently working as Senior Project manager. I was in offshore for 1.5 year before coming to US, but not sure if this is only criteria? 2. Also how soon i can apply for L1A from india? Is this different company to company? 3. if this happens, Do i need to do labor and I140 again after reaching to US? 4. If not than after coming to US how soon i can apply for GC as i know in case of L1A priority date is almost current. My current priority date is Dec 2012 Thanks for your help. Link to comment
jairichi Posted February 23, 2015 Report Share Posted February 23, 2015 Thanks Guys, I have little more development on this with my company.. They are offering me to go back to India in their Offshore team and come with back on L1A.. In this case i have few questiosn on my GC as i have already completed 6 years and I140 is approved 1. First of all, is it really so straight forweard, i mean getting L1A from India. I have more than 10 year experience in total and currently working as Senior Project manager. I was in offshore for 1.5 year before coming to US, but not sure if this is only criteria? 2. Also how soon i can apply for L1A from india? Is this different company to company? 3. if this happens, Do i need to do labor and I140 again after reaching to US? 4. If not than after coming to US how soon i can apply for GC as i know in case of L1A priority date is almost current. My current priority date is Dec 2012 Thanks for your help. First you need to satisfy the requirement for L1A (being with that company outside US for 1 continuous year in the last 3 years). Do you have that? An employer can file for GC anytime. Link to comment
JoeF Posted February 23, 2015 Report Share Posted February 23, 2015 For an L1, you have to have worked for the company abroad for at least a year in the last 3 years. Link to comment
pantya Posted February 27, 2015 Author Report Share Posted February 27, 2015 First you need to satisfy the requirement for L1A (being with that company outside US for 1 continuous year in the last 3 years). Do you have that? An employer can file for GC anytime. NO I am in US since last 6 + years before that i am in same company at offshore for 1+ year. so i guess i will not qualify for L1A atleast for 1 year. If this can't work, Can i apply for Fresh H1 from India. This year Fresh H1 CAP is starrting deom April 7, I mean Can u ask My companvy to file my H1A from India while waiting RFE result just in case if its not renewal doesn't approve? Thanks for your help Link to comment
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