H1B Transfer RFE due to difference in Company name on H1b Application and Paystubs.


arjapril

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Posted

My H1B was being transferred to a Company B. It was received by USCIS on May 29th, 2015 and they sent and RFE to the Attorneys at Company B on June 9th, 2015. The Issue being:
I work currently for Company S which was acquired by a very big Company D in 2012. Since the transition is still on, the original H1B application filed in 2014 has the Petitioner as Company S. However my paystubs has Company D's Logo and Name. USCIS thinks this is a discrepancy and issued me an RFE stating I may have not maintained valid status.

Yesterday Company B's Attorneys who are filing for my H1B transfer asked me to send them my original I 129 petition, LCA Paystubs and W2's from 2013 and 2014. The W2's also have Company S's name. However, the I 129 has an explanation that Company D had acquired Company S. Now the attorneys say they are going to espond to the RFE with Press Releases and USCIS Memo stating Company D has acquired Company S and hence, I am an employee of Company D and maintained valid status. They say they have enough documents to prove so.

I have no idea what will happen. Completely not my fault. Many have got their H1B transferred from my present company with similar papers but none received and RFE. Are there chances of Denial. Extremely Stressed. please help.

Posted

Thank you livliv and rahul412 for your responses. Since no one else I know has got into this kind of situation, it worried me.

The Attorneys of Company B have responded yesterday with Press releases and USCIS memo and all the documents they have. 

Posted

livliv and rahul412

 

Have one more doubt, I know we are not lawyers here but your experience can help.

Some legal advice I read said that company acquisition papers and no Press Releases and USCIS Memo will work. I kind of got nervous since if USCIS doesnot agree with the documents submitted and asks for company acquisition papers, I can never get those.

Posted

Guys

 

Its been 8 days, if it takes this long, is it normal or does it mean something else. I have sen posts where people get approved on RFE in one day or 4 days also. 

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