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H1 Transfer RFE : Need Clarification

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  • H1 Transfer RFE : Need Clarification

    Hi All

    1. I was in USA in L1 with Comp X. I had in USA ON/OFF but the max time I spent in India was 11 Months and not 365 days. Over all in L1 I had in US for about 51 months

    2. Applied my H1 thru COMP A in 2012 when I was in L1 with Comp X

    3. I went back to India in Sep-2012 and got my New H1B with Comp A (Desi) and Stamped till Sep-2015....

    4. From Mar-2013 I came here in H1B for COMP A (Desi) and Contracting job with another Client.

    5. After 4 Months I got a new Job with Comp B and they applied for the Transfer from Comp A to Comp B in PP and upon receipt number after 10 days I had joined the Comp B

    6. Comp B applied on Jul 2013 and asked for 3 more years in the transfer as Jul 2016 (NOT Sure why they did that)

    7. Last week got an RFE saying that my 6 years period ends on Feb 2016 and asking for Jul 2016 means an extension and if you need till Jul 2016 we need to submit the proof for staying >= 365 days in india etcc...

    8. Comp B is working with Fed. Gov Projects and have SOW till 2016.I guess that is why the RFE doesn't have any questions on that.



    Now my questions are

    1. I don't think Comp B can have a justification on asking for 3 Years from Jul 13 to jul 16, So what kind of response to RFE will SAVE ME from not getting Denied?

    In other words, will there be any rejection if ....Comp B saying something to Justify 3 Years

    or

    If they say they missed this part and asking for approval for the remaining months, what they have to do while response ??

    My worry is what will happen .... and not the 3 years. I am fine with the remaining months stay and go back.. but will there be any denial??



    2. Not sure how come the USCIS person saying that my 6 years period Ends by Feb 16...?? as I only have 17-18 months more to go? Is there any issue you see on this?

  • #2
    First calculate the total time you spent in the US in L1 + H1 status. Use that to calculate when your 6 year period ends. Provide a detailed report of your arrival-departure dates and the calculation. USCIS will not generally deny because of this, just approve for a shorter period. Talk to your employer's attorney and if they don't provide satisfactory answers, consult with your own attorney.
    This is my opinion and not legal advice.

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