H1B-Trans->RFE->India trip->RFE->Rejection->new VISA transfer->approval->clock reset

[sanaths81]

Hi Guys,

I had gone through lot of pain with my H1 Visa.

Just wanted to share my experience so that it would help someone who is in similar situation.

I came to US from Company A and stayed here for 2.5 years and went back to India.

After staying for one year in India i moved to Company B and transferred my H1 to company B in India.

As the H1 CAP was still available they had filed the H1 petition under new CAP. But i was not sure if my 6 years clock was reset or not.

I came to US 2nd time through Company B. After 2 years in US, i switched from Company B to company C on H1 transfer receipt number. (Biggest mistake i ever did.)

I got RFE and my employer responded to RFE; and i was waiting for decision. Meanwhile i had to urgently go to India when my transfer was pending.

Most of the articles on internet forums say you can not travel. I found some articles which say you CAN reenter when your case PENDING and you have a valid unexpired VISA from previous employer and have 797 receipt notice from new employer. (I believe you cannot enter if the petition is rejected by the time you re-enter. So it is really a big risk.)

As i could not postpone my India trip and had to go for 10 days i took the RISK and went to India. In the middle of my trip, i got 2nd RFE to submit few more document related to client, employer etc.

Luckily, i did not face any problems while reentering US. As soon as i reached my employer responded to 2nd RFE. And luckily got an offer from company D, and they started my VISA filing, while transfer from Company C was still pending.

Just a day after my VISA transfer filed by employer D, my petition from company C got rejected and my employer C, told that i can stay in US, until the physical rejection notice is received.

I received the Physical approval notice for employer D and rejection notice for employer C around the same time.

And my attorney from Company D told that my 6 years clock is reset as i was in India for 365+ days and the transfer to Company B was done under new CAP. I got the approval for 3 years.

After the VISA approval from company D, i went to India again, got my VISA stamped and came to US and joined the company D.

I am so happy that it all finally ended well.

[KKAG]

Thanks for Sharing.. Need your inputs

Hi Sanath,

Thanks for sharing your experience. It is really helpful.
Can you please help me with the below situation.

1. Currently working for Company A with valid Visa till Sep 2015
2. Got an opportunity with Company B and in process of initiating H1 transfer
3. But in the mean time i have to travel to India urgently and Company B doesn't want to delay.

So while returning to US, my H1-B transfer will be in progress.
WIll there be any trouble at the port of entry

Did you have any issues? If not then what documentation did you carry and what question were asked.

[bp22]

H1b transfer in india

Hi

I got my h1b stamped in oct 2014 by company A and i am in India,Till now i didn't get the chance to travel to USA.Now i am planning to transfer my H1b to Company B which will do premium processing of my visa transfer.

I have below Queries regarding my case.

1)How much chances of getting denial notice on my h1b transfer from attorney.
2)How much time h1b transfer process can take.
3)What could be the possible reason of denial and how can i take care of them before filing the transfer.
4)In case transfer is rejected what can be done later.
5)While going for transfer company B should go for higher attorney then company A attorney which approved my H1b.


Please reply I am very much confused and stuck.

[shervin143]

1)How much chances of getting denial notice on my h1b transfer from attorney.
>>> Questions like these cannot be answered. No one can predict your chances of approval. It depends on what documents your employer submits.

2)How much time h1b transfer process can take.
>>> 2-5 months by normal process and 15 days by premium.

3)What could be the possible reason of denial and how can i take care of them before filing the transfer.
>>> Submit proper documents. USCIS won't directly reject a case. They will raise an RFE is they need more documents. Submit them and you are good.

4)In case transfer is rejected what can be done later.
>>> Find another employer and initiate a transfer.

5)While going for transfer company B should go for higher attorney then company A attorney which approved my H1b.
>>> There is no such need. Anyone who can properly file form I-129 with all the needed documents will do.