H1B Transfer RFE Responding with Available docs will get approval??

[nag0912]

I am working for company-A in INDIA. In 2013 Company-B from US applied my H1B and got petition approval but visa was refused. in Aug 2015 Company-A applied H1B Transfer in premium process. Third party consultancy handles immigration process in COMPANY-A. Somehow they did a mistake instead of applying LCA to client location they applied for COMPANY A USA base location. They did not double check it and applied mentioning as IN-HOUSE Project Development as there were good number of applicaitons.

USCIS sent RFE, asking to submit MSA/SoW for the project. In MSA/SoW it is very clearly mentioned onsite work location for project should be client location only. Now they don't have option to change the LCA. As company have budget issue, Company-A donot want to withdraw application and send new application which required additional cost. So they response with available documents. I don't have confidence in approval. I work for CMM LEVEL 5 INDIAN company. Is there any chance that my petition gets approval?

Please help.

[shervin143]

No one can predict things like these. If it is a complete mess up on the employer / attorney, then the chances are less. If you do not respond to the RFE properly, then the chances are very slim. Usually the LCA and petition should match the correct work location. If not, then the employer will need to withdraw the application and refile it after getting LCA approved again for the correct work location.

[nag0912]

H1B Transfer RFE Responding with Available docs will get approval??

Hi Shervin,

Thanks for the reply.

LCA and Petition both refereeing to same location which is my employers base location only(CA, USA), that is fine. Let me put it clearly.

1. My Employer have an agreement with CLIENT B from past 4 years and project is running in offshore(our company location) and onsite(in client location). This project will there for another 5 years also.
2. When applying my H1B petition Attorney filed it as in-house project instead applying with client location. LCA and Petition now both referring to company location. Here actually they did a mistake. They are supposed to apply with client location(LCA and Petition).
3. Then USCIS sent RFE asking supported documents for in-house project.
4. Now our people realized that they applied it as in-house project,, but actually project running from client location.
5. MSA, SoW all these documents regarding project referring client location as onsite location for project
6. As my manager have no extra budget for the project for this quarter, he don't want to withdraw application and apply new petition. So, he asked our immigration team to work on response with possible options.
7. Now our immigration team prepared response with available documents and sent response, not sure how they responded(Which wont disclose to me). Now i see case in USCIS as received RFE response.
8. Few positive points here is -
a) Company is a multi-billion company.
b) Actually project running but from client location.
c) Not even a single petition rejected in companies history and they never did this kind of mistake too

Attorneys admitted it is their mistake too in our internal discussion but now we can not do anything.

- Now, can i have hopes on approval or not?
- if petition rejects, can my employer file new petition for the same project with client location?
- If they employer want to go for L1 if petition rejects, can they apply?

They wont be interested in applying either L1 or new H1B. just for my info please provide.

[shervin143]

- Now, can i have hopes on approval or not?
>>> Can't comment on that without knowing how the RFE was responded.

- if petition rejects, can my employer file new petition for the same project with client location?
>>> Yes.

- If they employer want to go for L1 if petition rejects, can they apply?
>>> Yes (If you qualify for L1).

[nag0912]

Hi Shervin,

Thanks for the update. So my employer can re-apply for same project, with client letter , LCA and petition referring to client location. Is there any time frame for re-applying or can be applied immediately?


Thanks
Nagendra

[shervin143]

Can be applied immediately.

Hi Shervin,

Thanks for the update. So my employer can re-apply for same project, with client letter , LCA and petition referring to client location. Is there any time frame for re-applying or can be applied immediately?


Thanks
Nagendra

[nag0912]

Thanks for the response Shervin.

As expected USCIS denied the petition yesterday and we have update same info to client. And client asking to send new application properly this time, my employer want to send new application with client location, with all supported documents. Hope they will be careful this time.

1. Is there any chances getting questions from USCIS like why two applications filed - one is with base location(rejected one) and another with client location(new one which planing to send soon)?? Will it cause any issues again? All documents everything is fine now.

2. Another request from client asking to travel for a month on business visa, so i can have discussions with them for understanding the new requirements in project. If new application accepted/approves with USCIS, later i can join client location in USA team. Otherwise, will continue executing them in offshore as like now.

a) if my employer applying the business visa for the same project with client location, will i get questions like - why your H1B applied(denied application) with company
base location instead of client? why now you are applying B1? what kind of questions i will get ?
b) if i get B1 visa, once i travel to USA, if my employer parallel can file new H1B. When am in USA on business visa for same project, parallel apply H1B is good or
breaching any USA laws ?? what kind of questions can get from USCIS, if they do.
c) if get B1, then travel to USA and employer applied H1B in premium. if h1b approved when am in USA itself. what are the options for attending stamping?
come back to india and go for stamping or is there any other alternatives?

if am accepting everything from company even my personal profile also get effected right? Please help/explain in detail what kind of consequences will be there now and future for me?
Thanks
Nagendra

[shervin143]

If the documents are in order, then it should not be an issue. The previous petition was rejected because information was wrong.

Thanks for the response Shervin.

As expected USCIS denied the petition yesterday. Now i need to see my employer interested to re-apply the visa or not. As client is more interested so, they may send new application. So now they can send new application for same project with client location imminently right?

Is there any chances to get questions from USCIS, why two applications filed - one is with base location(rejected one) and another with client location(new one which planing to send soon)?? Will it cause any issues again? all documents, everything will be fine this time?

Please help.


Thanks
Nagendra

[nag0912]

Thank you, One more question :

1. Request from client, asking to travel for a month on business visa, so i can have discussions with them for understanding the new requirements in project. If new application accepted/approves with USCIS, later i can join client location in USA team. Otherwise, will continue executing them in offshore as like now.

a) if my employer applying the business visa for the same project with client location, will i get questions like - why your H1B applied(denied application) with company
base location instead of client? why now you are applying B1? what kind of questions i will get ?
b) if i get B1 visa, once i travel to USA. When am in USA on business visa for same project, parallel applying H1B is good or
breaching any USA laws ?? what kind of questions can get from USCIS,
c) if h1b petition approved when am in USA itself on business visa. what are the options for attending stamping? come back to india and go for stamping or is there any other alternatives?

Please help.

[nag0912]

1. Request from client, asking to travel for a month on business visa, so i can have discussions with them for understanding the new requirements in project. If new application accepted/approves with USCIS, later i can join client location in USA team. Otherwise, will continue executing them in offshore as like now.

a) if my employer applying the business visa for the same project with client location, will i get questions like - why your H1B applied(denied application) with company
base location instead of client? why now you are applying B1? what kind of questions i will get ?

b) if i get B1 visa, once i travel to USA. When am in USA on business visa for same project, parallel applying H1B is good or breaching any USA laws ?? what kind of questions can get from USCIS.

c) if h1b petition approved when am in USA itself on business visa. what are the options for attending stamping? come back to india and go for stamping or is there any other alternatives?

Please help.

[shervin143]

a) if my employer applying the business visa for the same project with client location, will i get questions like - why your H1B applied(denied application) with company
base location instead of client? why now you are applying B1? what kind of questions i will get ?
>>> Well, when you are in B1, you are not supposed to work for the client. Attending meetings, Knowledge Sharing, Gathering requirements are okay. As long as you convince that, you are good.

b) if i get B1 visa, once i travel to USA. When am in USA on business visa for same project, parallel applying H1B is good or breaching any USA laws ?? what kind of questions can get from USCIS.
>>> You can apply for H1B while you are in B1. But you should not apply for a change of status from B1 to H1B. Filing H1B for consular process is fine. Meaning, to work in H1B, you need to leave U.S and re-enter back in H1B visa and Petition.

c) if h1b petition approved when am in USA itself on business visa. what are the options for attending stamping? come back to india and go for stamping or is there any other alternatives?
>>> You need to leave U.S, get the H1B visa stamped and return back.