H1B Transfer in PP and received a REF

[praveenkumar4pi]

Hello All,

 

Here is my scenario- I was in comp A as full time and now moved to Comp B with H1B transfer on receipt number. The comp B got a project on EVC model. We have applied the H1B transfer on Premium processing we got RFE on client letter.

 

 

We submitted the following at the time of H1B visa transfer process as this is an EVC model.

 

1. Singed PO between Employer and Vendor

2. Letter from Vendor

3. Offer letter from Employer

4. all my W2, paystubs, Educational docs, previous experience letters

 

The RFC is on client letter as per my employer and he is not sharing the RFE details as he said the Attorney will take care of all.

 

Now we got Client letter as well and going to response to the RFE next week.

 

Please let me know the possiblity of Success /approval in my case (Vermount Service Center).

 

 

Thank you

 

Regards,

Praveen Kumar

 

[rahul412]

 

Please let me know the possiblity of Success /approval in my case (Vermount Service Center).

It all depends on the documentation submitted for approval.

[jairichi]

No one knows. Hopefully if client letter is submitted it should be fine.

[wiweq]

US consulting model doesn't suit with the requirements of H1b.

Do you think your day-to-day job responsibilities will be defined by your employer, not by your client?

Avoid consulting on H1b. It will lead you no where.

[praveenkumar4pi]

What would be the other expected queries On this and why EVC model is not suitable for USCIS as I heard in US most jobs are in this model. Thank you.

[rahul412]

What would be the other expected queries On this and why EVC model is not suitable for USCIS as I heard in US most jobs are in this model. Thank you.

Because of Employer-Employee relationship.

On H1 you should have EE relationship, but with a vendor between you and your employer that's not possible.

[praveenkumar4pi]

can any one respond pls?

[praveenkumar4pi]

Hi ,

My employer submitted the offer letter which includes the EE relationship terms like, performance evaluation, hike, insurance, hire and fire, etc.

 

Even in the client letter and vendor letter these terms are clearly explained that they are not have any control on my employment and only Employer can have all the rights and other benefits from employer only.

 

Below documents are attached in H1B transfer

 

1. Singed PO between Employer and Vendor

2. Letter from Vendor

3. Offer letter from Employer

4. all my W2, paystubs, Educational docs, previous experience letters

 

Now we are sending Client letter as response to RFE. 

 

Do you still think any risk?

 

My I-94 is still valid till Jul 2016.The previous employer Petition is still not revoked and current employer not yet started payroll. In worst case can I transfer H1B to another employer? as the payroll stopped from previous employer since couple of weeks as I left that company.

 

 

Please suggest options and let me know if any risk in the current H1B processing. My currentemployer told that there is no way to deny the petition as ours is valid case and in case any issues they are ready to challenge the decision.

 

 

Please share your suggestions/thoughts.

 

Regards,

Praveen Kumar

[rahul412]

 

Please suggest options and let me know if any risk in the current H1B processing. My currentemployer told that there is no way to deny the petition as ours is valid case and in case any issues they are ready to challenge the decision.

 

If in case petition is denied, you will be out of status from next day. So challenging the decision doesn't help you.

Find a full time employer ASAP if possible.

[praveenkumar4pi]

does that Client letter establish EE relationship? what else can be satisfy the H1B requirements?

[rahul412]

does that Client letter establish EE relationship? what else can be satisfy the H1B requirements?

Ask your employer.

[praveenkumar4pi]

Hi All,

Finally my H1 transfer approved. Thank you