H1B Extension...RFE

[kumar2630]

Hi

 

Here is my scenario. 

 

Employer ( ABC) -->Vendor (DEF) --> Client ( 123)

 

H1B actually started: OCT 01 2009 ( Almost finished 6 years)

 

H1B expired: JULY 05 2015

 

H1B extension filed: APR 01 2015

 

Status: RFE ( Employer-Employee relationship....Did not submit client letter as contract is about to end AUG 31 2015. So thought once the contract is renewed i could submit the new letter.  )

 

RFE response expected by: SEPT 16 2015

 

My questions:

 

1) I'm hoping the contract with client will be renewed soon but the catch is vendor might be different (XYZ) as the earlier vendor (DEF) is not an approved vendor in the new contract. Is that going to be a problem? Usually client mentions vendor name in letter and I'm thinking of asking him not to mention vendor name and if possible mention employer name. Should that work?

 

2) On a different note if the contract isn't renewed can I transfer my H1B to a new employer before responding to RFE? My H1B has expired so not sure if this is a possibility or not? If this is a possibility do I need to go out of country if the new H1B is approved and get visa stamped and then start work for new employer?

 

Any response is greatly appreciated.

 

Thanks,

 

 

 

 

[sagi85]

1) USCIS looks for the work location in LCA, i129 and client letter should match and employer control. If you don't keep your employer name in the client letter then chances are less that your petition may approve. 

2) Yes, you can transfer before your extension petition is denied.