H1B Expired. Extension applied. Can I transfer my VISA?

[sharathpola]

Hi,
My current H1B has expired on Dec-27-2014. H1B extension petition has been applied on Oct-14-2014 by my current employer. I Got first Rfe in Jan regarding offer letter and my employer submitted documents and got second Rfe regarding invalid terms and conditions in offer letter (Liquid Damage).We are waiting for decision from USCIS. At this situation.



(1) 2nd Rfe - Intent to deny processing Cover sheet.

In your response to the RFE, you provided and executed employment offer agreement dated.....bet ween you and beneficiary, Clause 3 of this agreement states that if the beneficiary voluntarily terminates his employment with you, the beneficiary would have to reimburse you for all costs and expense you incurred in connection with beneficiary h1 visa, In addition the beneficiary would have to pay yo $.... in Liquidated damages.

My employer planning to justify his statement, can you explain what willl happen?

2 In this case what should I need to do as backup for maintain status.

3. Can new employer initiate H1B transfer?


Please guide me

Thanks in advance,
sharath

[raghvi]

Hi,
My current H1B has expired on Dec-27-2014. H1B extension petition has been applied on Oct-14-2014 by my current employer. I Got first Rfe in Jan regarding offer letter and my employer submitted documents and got second Rfe regarding invalid terms and conditions in offer letter (Liquid Damage).We are waiting for decision from USCIS. At this situation.



(1) 2nd Rfe - Intent to deny processing Cover sheet.

In your response to the RFE, you provided and executed employment offer agreement dated.....bet ween you and beneficiary, Clause 3 of this agreement states that if the beneficiary voluntarily terminates his employment with you, the beneficiary would have to reimburse you for all costs and expense you incurred in connection with beneficiary h1 visa, In addition the beneficiary would have to pay yo $.... in Liquidated damages.

My employer planning to justify his statement, can you explain what willl happen?

2 In this case what should I need to do as backup for maintain status.

3. Can new employer initiate H1B transfer?


Please guide me

Thanks in advance,
sharath

1. Cant say, the clause does seem unjustified, but the employer can try to prove it with training related costs etc. which may not be acceptable to USCIS.
2 and 3. cant do much if your I-94 has also expired on Dec-27, also then a H1B transfer will not be possible till of this h1 extension is approved.

This is my opinion not legal advice.

[sharathpola]

1. Cant say, the clause does seem unjustified, but the employer can try to prove it with training related costs etc. which may not be acceptable to USCIS.
2 and 3. cant do much if your I-94 has also expired on Dec-27, also then a H1B transfer will not be possible till of this h1 extension is approved.

This is my opinion not legal advice.

Thank you
sharath