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Urgent help on empolyer change during new H1B application pending
Hi, all,
I worked in company B as a consultant from company A, and formally transferred to company B as its formal empolyee since 06/12. Before my transfer, company A helped me file new H1B application (not premium process). After my transfer, company B was unable to file a new H1B application because cap is full.
The company A didn't withdraw my application after my leave. Now a RFE was issued for this application. The RFE is asking the company A to prove this position still exists, probably due to USCIS finds my transfer from company A to B. I requested company A to keep my application because my current visa (OPT STEM) cannot last until next year's H1B application. But company A said the only way they can continue to support me is to transfer me back to their company. Only in this way they can respond RFE and possible (no promise) the application can get approved.
Now company B's HR person seemed having no ways to help me get H1B visa, and suggested there is nothing they can do.
I just wanted to ask what the options I have in this case? Can I transfer company A's H1B application to under the name of company B so that this company can support my case (probably by hiring a lawyer for doing so)? or if I have to transfer back to company A in order to get H1B approved, what's the probability of approval? Will the USCIS reject this case because of my frequent transfer back and forth?
This is a urgent issue and Thank you very much for your help!!!!!!!!!!
I worked in company B as a consultant from company A, and formally transferred to company B as its formal empolyee since 06/12. Before my transfer, company A helped me file new H1B application (not premium process). After my transfer, company B was unable to file a new H1B application because cap is full.
The company A didn't withdraw my application after my leave. Now a RFE was issued for this application. The RFE is asking the company A to prove this position still exists, probably due to USCIS finds my transfer from company A to B. I requested company A to keep my application because my current visa (OPT STEM) cannot last until next year's H1B application. But company A said the only way they can continue to support me is to transfer me back to their company. Only in this way they can respond RFE and possible (no promise) the application can get approved.
Now company B's HR person seemed having no ways to help me get H1B visa, and suggested there is nothing they can do.
I just wanted to ask what the options I have in this case? Can I transfer company A's H1B application to under the name of company B so that this company can support my case (probably by hiring a lawyer for doing so)? or if I have to transfer back to company A in order to get H1B approved, what's the probability of approval? Will the USCIS reject this case because of my frequent transfer back and forth?
This is a urgent issue and Thank you very much for your help!!!!!!!!!!
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