How to decide between responding to Specialty Occupation RFE or just do a new H1B Transfer petition to Parent Company( Company C)?


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My question is regarding H1B Transfer. My current H1B and i-94 is valid till Sept 2017, and I’ve not visited my home country to get the visa stamped yet.


I got my approved H1B last year with Employer A (change of status from F1 to H1B), and worked for Employer A till Feb 2015. I got offer with Employer B (Current Employer) and joined them after receiving receipt notice.


Now I am in a situation where either my company can respond to current RFE with Specialty Occupation or just file a complete new H1b Transfer petition with our Parent Company( different entity/ Company C in this situation).


We are planning to hire outside law firm to do this (either RFE Response or new H1b Transfer to our Parent company, / Company C) as it was done before by our HR with no prior h1b filing experience.


Everything in current RFE is pretty standard request regarding documentation but since current company (Company B) did not submit right job description/ category we have received request to prove that it is indeed a specialty occupation job.


My company is open for both: either respond to RFE that has specialty occupation or just file new transfer to company C (our parent company that is a different entity).


After the consultation with local successful attorney firm A they have said that we have pretty good chances of getting approval on pending RFE( Attorney fees $2500) but my thinking is attorneys are most likely to advise us on responding to RFE  as attorney fees for RFE response is $2500.


If we decide to go with other attorney B we can get the new transfer filing with the attorney fees around $1500( granted we will end up spending the same amount with new h1b transfer but we want to make the right choice with lesser risk)


We are open for both, what do you think is the smarter choice?


Thanks in advance!


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rahul412 & jairichiAbsolutely I am staying out of it. I am posting this on my company's behalf after having a thorough discussion with my Manager, Legal in house counsel to see what does H1B community feel about this situation in general, and to see if what other people have done in the past in similar situation.


My company will be going with what attorney is saying once company has finalize the attorney, but it does not hurt to ask the H1B community to see what’s out there. Thank you for your responses.

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