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Risk in H1 visa interview when other H1 tranfers are denied

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  • Risk in H1 visa interview when other H1 tranfers are denied

    I am on H1 with company A which is valid until 2017 and did couple of H1 transfer with different employers but both got denied. I was not provided visibility to it on the reason but most probably it would be on them for not responding RFE with client letters. Luckily, I didnt resign from company A so even after denials I was able to continue with them. I am now planning to go India for vacation in next month and i will have to go for visa stamping.

    > Do I have any risk during the interview because of my H1 transfer denials?
    > Should I avoid travelling?
    > Any additional documentation needed to increase my chances of avoiding rejection?

    Thanks in advance.

  • #2
    Originally posted by imssp View Post
    I am on H1 with company A which is valid until 2017 and did couple of H1 transfer with different employers but both got denied. I was not provided visibility to it on the reason but most probably it would be on them for not responding RFE with client letters. Luckily, I didnt resign from company A so even after denials I was able to continue with them. I am now planning to go India for vacation in next month and i will have to go for visa stamping.

    > Do I have any risk during the interview because of my H1 transfer denials?
    > Should I avoid travelling?
    > Any additional documentation needed to increase my chances of avoiding rejection?

    Thanks in advance.
    1. As long as your employment with A is genuine and have the relevant documents (client letter, LCA, I129, petition, of A), and that you have been maintaining valid status with A, I dont think the other failed transfers would impact. Remember you are going to represent yourself as employee of A.
    2. I dont see a reason why unless you really doubt A's ability to provide the right documentation.
    3. What is A already provided you with? Are you on EVC model?

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      1. As long as your employment with A is genuine and have the relevant documents (client letter, LCA, I129, petition, of A), and that you have been maintaining valid status with A, I dont think the other failed transfers would impact. Remember you are going to represent yourself as employee of A.
      2. I dont see a reason why unless you really doubt A's ability to provide the right documentation.
      3. What is A already provided you with? Are you on EVC model?

      This is my opinion not legal advice.
      Thank you for clarifying Raghvi.

      I am on EC model. My employer is very good but as my H1 transfers were denied, I am scared and so these questions. I can produce all the said documents so I hope I wont be in trouble.

      Thanks a lot again.

      Comment


      • #4
        Originally posted by imssp View Post
        Thank you for clarifying Raghvi.

        I am on EC model. My employer is very good but as my H1 transfers were denied, I am scared and so these questions. I can produce all the said documents so I hope I wont be in trouble.

        Thanks a lot again.
        When you attend visa interview with the petition with a particular employee the attention is on the employer and you , not on your having tries relation with other petitioners. So I think you should be fine.

        For that interview day you should concentrate only with your current employer.

        As it is you have seen that other so called "consultants" have been worthless in providing you much support.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          When you attend visa interview with the petition with a particular employee the attention is on the employer and you , not on your having tries relation with other petitioners. So I think you should be fine.

          For that interview day you should concentrate only with your current employer.

          As it is you have seen that other so called "consultants" have been worthless in providing you much support.

          This is my opinion not legal advice.
          Thanks a lot for clarifying Raghvi.

          Comment

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