h1b transfer RFE, again!!!

[Jet Ouyang]

hello experts,

Just got an RFE for H1b transfer PP. My 6 year h1b status expires in Jan, 2018. The time window on my h1b petition is from July 2015 to July 2018. Now USCIS is asking why the petitioner thinks I am qualified to work until July 2018. I read online that it is a common practice the petitioner asks for 3 years and USCIS will give I94 based on how much time has been used from the 6 year limit. Please share your opinion how I should respond this RFE. Thank you.

[shervin143]

It doesn't work that way. The employer need to show proper documents to prove that they have work for the period of extension that they have requested. If they request 3 years, then they need to show project documents or SOW (in case of a consultancy company) to prove that they have work for such a long time and they are eligible to pay.

hello experts,

Just got an RFE for H1b transfer PP. My 6 year h1b status expires in Jan, 2018. The time window on my h1b petition is from July 2015 to July 2018. Now USCIS is asking why the petitioner thinks I am qualified to work until July 2018. I read online that it is a common practice the petitioner asks for 3 years and USCIS will give I94 based on how much time has been used from the 6 year limit. Please share your opinion how I should respond this RFE. Thank you.

[Jet Ouyang]

It doesn't work that way. The employer need to show proper documents to prove that they have work for the period of extension that they have requested. If they request 3 years, then they need to show project documents or SOW (in case of a consultancy company) to prove that they have work for such a long time and they are eligible to pay.

This is direct hire full time position not consultant postion.Company is of 1.5B value.

[shervin143]

In that case it is easy for them to show documents as proof of work for 3 years. They just need to respond back with proper documents and your company lawyers would know how to handle it.

This is direct hire full time position not consultant postion.Company is of 1.5B value.

[ouchrush]

If you're not confident in responding to the RFE properly, hire a good immigration lawyer.

I also got a RFE. I believe it was because my lawyer had treated my case lightly. Shoooooooot!

[Jet Ouyang]

In that case it is easy for them to show documents as proof of work for 3 years. They just need to respond back with proper documents and your company lawyers would know how to handle it.

This RFE is not about work. It is about the employer is asking more time than what I have left in the 6 quota.

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If you're not confident in responding to the RFE properly, hire a good immigration lawyer.

I also got a RFE. I believe it was because my lawyer had treated my case lightly. Shoooooooot!

My company has a lawyer working on my case. I just want to get more opinion and be ready for possible outcomes.

[shervin143]

Your original post did not mention how much you have already spent in U.S in H1B + L1 status combined. If you do not have an approved I-140, then the employer cannot request extension beyond the 6th year limit. If they did, then the reason for the RFE is justified. Is the employer trying to recapture the time that you have spent outside U.S? Is so, then need to send proper documents supporting the period that you have stayed outside. If they cannot justify, then it is possible that USCIS will ask to refile the case with proper duration.

This RFE is not about work. It is about the employer is asking more time than what I have left in the 6 quota.

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My company has a lawyer working on my case. I just want to get more opinion and be ready for possible outcomes.

[Jet Ouyang]

Your original post did not mention how much you have already spent in U.S in H1B + L1 status combined. If you do not have an approved I-140, then the employer cannot request extension beyond the 6th year limit. If they did, then the reason for the RFE is justified. Is the employer trying to recapture the time that you have spent outside U.S? Is so, then need to send proper documents supporting the period that you have stayed outside. If they cannot justify, then it is possible that USCIS will ask to refile the case with proper duration.

Hi Shervin143, Thank you for your information. I don't have any time to recapture. If USCIS asks to refile the case, can I continue to work or I have to stop working. I thought USCIS would just give the I-94 for the duration that left in my 6 year limit. My company first filed the application under regular process and then got a RFE only asking for the pay stub for the month prior to filing.

[shervin143]

So how much time is current left in your 6 year period? When is your current H1B I-94 expiring?

Hi Shervin143, Thank you for your information. I don't have any time to recapture. If USCIS asks to refile the case, can I continue to work or I have to stop working. I thought USCIS would just give the I-94 for the duration that left in my 6 year limit. My company first filed the application under regular process and then got a RFE only asking for the pay stub for the month prior to filing.

[Jet Ouyang]

So how much time is current left in your 6 year period? When is your current H1B I-94 expiring?

the 6 year period ends in Jan 2018. that is also when my I-94 expires.

[shervin143]

Ok, so you have quite a bit of time left. Have you already started working for the new employer based on their receipt notice. If Yes, then if their petition gets denied, then you need to stop working immediately. If you are still with your old employer whose I-94 is valid until Jan 2018, then you can continue to work for that employer even if the transfer gets denied.

the 6 year period ends in Jan 2018. that is also when my I-94 expires.

[Jet Ouyang]

Ok, so you have quite a bit of time left. Have you already started working for the new employer based on their receipt notice. If Yes, then if their petition gets denied, then you need to stop working immediately. If you are still with your old employer whose I-94 is valid until Jan 2018, then you can continue to work for that employer even if the transfer gets denied.

I already started working with the new employer. If the petition gets denied and the company decides to refile, do I need to leave the country immediately?

[shervin143]

Yes. This is exactly why it is never advisable to join an employer based on the receipt notice.

I already started working with the new employer. If the petition gets denied and the company decides to refile, do I need to leave the country immediately?

[Jet Ouyang]

Yes. This is exactly why it is never advisable to join an employer based on the receipt notice.

thank you. God save us from bad lawyers.

[shervin143]

If the transfer gets denied and if your previous job still exist and if the employer hasn't revoked the petition, then you have the option to leave the country and return back using their petition (You will need a valid H1B visa) and begin working for your previous employer again.

thank you. God save us from bad lawyers.