H1 Transfer RFE. PLEASE HELP URGENT

[raj0098]

I moved from Company A (H1 valid till Jan 22, 2009) to Company B (Located at Virginia) in March. Applied for H1B transfer to Company B. I recieved RFE from USCIS.
Need to submit evidenent documents before 21st of June.
Company B is a very new company started in Jan 15th, 2008. Infact I am the first person to apply for H1 through Company B.
Company B has virtual Office but not physical office.
Company B has one other employee (EAD) working for Client 1.
I have started working at Client 2 in Maryland from March through Vendor1. The terms of payment is Net30 days.
So Company recieved the first payment in May. So Company B paid me the first salary in the first week of may
and I got the paystub but that paystub states the pay period is from April 1st till April 30th.

What about the paystub for March?
Company B said that they will regenerate my paystub and change the pay period to include frmo MArch 1st till April 30th (2 months).
What are the problems with this?





The Queries that the Company B got from USCIS are

1: You have stated that you were established in 2008. You also state that employees "work on our own internally developed technology products,
provide support for clients who have purchased our developed products. Submit a list of your developed program and explain in detail what
the program entail.

2: Submit evidence that establishes you have suffiecient physical premises to house the new office.

3: Please submit documentary evidence that shows that you have acquired a leased premise of sufficient size for your office in VA and MD.

4:Submit photographs of interior and exterior of all the premises that you have secured for the united states entity. These
should include photographs tha clearly depict the organization and operation of teh entity.

5:Submit the complete description of in house projects any and all the contracts for your employees to the end client.



Q: Company B is in VA but why is USCIS asking for physical premises at Maryland? Maryland is just where my client is.
We have provided Purchase order (where client location was mentioned as MD) to USCIS while applying for H1 transfer.

How to get around this?


Company B's attorney is asking me to get the Client's Experience letter stating that I have been working from March and my responsibilities are so and so.

and he said that if i get that letter then all the queries will be solved. I am not sure how this is possible.

Please help me out what to do..

[C4us]

From the questions in the RFE it appears that your application from employer B misrepresents you actual working situation.

He has no office.

You are not working for his projects but for a client.

He is willing to falsify payroll information.

Do what the lawyer says and hope it goes through. If I were in the VOs situation, I would be very suspicious of the entire situation.

[raj0098]

Do you think the Client's Experience Letter would solve all of the RFEs?

I am totally confused how that would provide evidence and solve all the RFEs.


Please help me provide details regarding my questions.

Thanks
Raj

[txh1b]

The likelihood of approval of H1b transfer to this company is bleak if you ask for my opinion. USCIS has got them by their own statements. (1 through 5)

Others will be resolved by client letter, work order, billing statement from the middle vendor etc.

If I were you, I would start looking for other possible solutions for your H1b, like going back to old employer.

If every TDH that has an EAD wants to establish an IT consulting company and make money, that was a thing of the early 2000s and USCIS has been cracking down since 2006 on such companies..

[DMX17]

that was a thing of the early 2000s

Hmm.

Perhaps, that is a significant reason for the eternal backlog in the EB categories for Indian nationals.

[raj0098]

Suggestions please!!!

I was out of Company A end of Feb. I have pay stubs properly till Feb 2008.

What if my old employer (A) cancelled my H1 already?

From March I have been working for Company B after I received a receipt number from USCIS.

company B generated pay stubs for April, May. and told me that they would regenerate April's pay stub which includes March and April's pay period (2 months together).

If I want to apply H1 transfer to Company C now (before it gets too late) then I guess USCIS would ask for latest pay stubs right.

WIll the Comp B's pay stubs work?

It is legal to work with the receipt number issued by USCIS right for Comp B. If USCIS rejects for some reason after few months. why not they consider my paystubs that I worked for Comp B as legal and use that to transfer to Comp C?

What would be my status now if Comp A cancelled or revoked my H1 already and I am only staying here waiting for the H1 transfer to get approved for Comp B?
I am really tensed now.

DMX17, TXH1B and seniors...Please help me with suggestions..

Thanks
Raj

[raj0098]

Suggestions please!!!

And is there any way that Comp B can solve all the statements from RFE?

would client's Exp letter be helpful in any way in my case?

Thanks
Varada

[txh1b]

Your comapny and you are resorting to illegal stuff. Companies have to pay you from their pocket and not wait for client payments to pay you. That is how business is operated. Generating paytubs out of thin air without a payment from their balance or bank accout is illegal.

The company you work for has started off with illegal stuff and have proved that they are shady. USCIS can ask for every single thing book, payment, account statement if they feel suspicious about the company and I believe they already are from the RFE.

Let the employer pay you for real for every pay period that you were their employee as how any other good company does and then they can think about hiring H1b employees.

You have chosen a wrong employer may be because they offered you more $$. Unfortunately, if the company A has revoked the H1b, you have no way out with moving to Company C is company B H1b gets denied.

[txh1b]

And is there any way that Comp B can solve all the statements from RFE?

would client's Exp letter be helpful in any way in my case?

Thanks
Varada

USCIS has issued the RFE based on the claims filed by the company during the initial H1b application. Now, they have to prove that they are what they claim to be. What product do they have that was developed in house when they are purely a consulting company?

[delhiteguy]

H1 Ref

Hey guys,

I just received an RFE stating that I need the proof that I will be working at end clients site. I have applied for H1 from a consulting company and I cannot get a contract from end client saying that I will be working for them. Is there a way, I can send the contract from a vendor instead of end client? What will be the chances of my approval?

Your help will be really appreciated

Thanks