urgent - RFE on H1B Transfer - Can I apply for new H1 Transfer

[ashu107]

Hi,

My situation in general is as below:

My wife came to the US on H1B Visa in Dec 2006. Her employer(A) put her on bench until October 2007. Her Original Visa and I94 is still valid until Sep 2009

We have done a successful H1B transfer after this in March 2008 to employer (B). During a further transfer in Nov 2008 to Employer (C) we got an RFE to submit all documents to prove that she was always in status.
We fear that this H1 might be denied.
USCIS will respond to our response in 20 more days.
Question:
1) Can we apply for an H1 transfer to another employer now? This would be a transfer from B to D.
Do we have to tell the employer the case? Or just say that it is still under process?
Company B in the mean while has revoked the visa.
2) If we are not able to find a suitable employer – then what happens to the case, Can she still work? I was suggested that she will have to travel out and then back in on new I94. Who’s Visa will it be then?
3) Do we have to look for an employer and then travel?

Many thanks in Advance,
ashu107

[txh1b]

USCIS can void anything approved in the past by fraudulent means. You need to worry about the RFE than try to cover it up by finding a new employer.

Benching without pay is illegal.

http://www.immihelp.com/forum/showthread.php?t=45761&highlight=foreign

[ashu107]

Thanks for the reply, I understand that USCIS can void anything. We have replied to the RFE and furnished all the details as required. How ever my main question is - can we do another H1 transfer now in express mode - and if gets approved - then in normal course, would it be affected by the results of this current case. Meaning if this is rejected, then would my wife be in status and valid ( given her new H1 was approved).

Again I understand your point and you are correct, hoe ever I want to evaluate all the options.

Thanks

[txh1b]

Search for bridging and read related posts.

[ashu107]

Urdent - H1B denial

Today - we got this denial notice - please can some one help me out by letting me know the best options in front of us...
Thanks!
---------------------------------------------------
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER

Current Status: Denial Notice Sent

On February 3, 2009, we mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 30 days of the February 3, 2009, please call customer service at 1-800-375-5283 for further assistance.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

[ajaysharmlondon]

immigration lawyer

You need a competent immigration lawyer right now. you will not be able to get it through by any other mean.

I think some people learn 'benching is illegal' through the hard way.

I think your post should be a serious warning to all those stupid/buffoons who want to come to the US at any cost then pay for their actions.

Best luck,

Ajay

Today - we got this denial notice - please can some one help me out by letting me know the best options in front of us...
Thanks!
---------------------------------------------------
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER

Current Status: Denial Notice Sent

On February 3, 2009, we mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 30 days of the February 3, 2009, please call customer service at 1-800-375-5283 for further assistance.

If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

[ashu107]

Thank you for giving me inputs
Now that We have a H1 denial, Can I file a new H4 for her when she is still in US?
Is it possible that she gets a H4 Visa without having to travel out of US?

OR she has to go out - appear for a H4 visa interview and then get the I94 stamp to come in?

Please help!
-Ashutosh

[txh1b]

If she is currently out of status, no other status changes are permitted within the US. If the I-94 expired, the clock is ticking and 180 days earns a 3 year ban. 365 - a 10 yr ban.

[ashu107]

Update:
My wife went back to India and got her h4 stamped. She will now enter US on H4 visa.

I have some questions:
1) Can she file a H1 ASAP?

2) If yes can she do it with any of her previous employers or it has to be a new Employer?

3) I hope this is out of the quota and she does not have to wait until October to start working. Please confirm.

Thanks.

[txh1b]

Read the FAQs.

[Kamar Kumar]

H1b Transfer while extension is in pending.

Hello,

I am searching for the right answer to my question from last one week and seeing different opinions. Please confirm me what is the correct approach.

Currenly I am working with Employer A and my visa is getting expired on Sep 10 2012 and I have valid I 94 till Sep 10 2012, now my Employer A applied for extension which is in pending.

I got a good offer from Employer B and I would like to move to this company. Employer B is ready for doing premium transfer. Is this okay to move to employer B.

And what happens if my employer A extension petition is in RFE and they don't respond as I left the company ? Is that gives any problem for my stay in US. or Do I need to ask Employer B to apply for extension also in Premium and complete all formalities with Employer B before my I 94 expires.

Can you please clarify, I really appreciate your patience. I have searched for right answer but still confused. If you can refer me the similar thread that also very helpful.

Thanks,
Kamal.

[shervin143]

I am searching for the right answer to my question from last one week and seeing different opinions. Please confirm me what is the correct approach.

Currenly I am working with Employer A and my visa is getting expired on Sep 10 2012 and I have valid I 94 till Sep 10 2012, now my Employer A applied for extension which is in pending.

I got a good offer from Employer B and I would like to move to this company. Employer B is ready for doing premium transfer. Is this okay to move to employer B.
>>> Yes. No issues since your I-94 is valid until September. File the transfer asap and join the new employer after receiving the H1B transfer receipt notice or after the transfer gets approved (advisable to join after the transfer gets approved).

And what happens if my employer A extension petition is in RFE and they don't respond as I left the company ? Is that gives any problem for my stay in US. or Do I need to ask Employer B to apply for extension also in Premium and complete all formalities with Employer B before my I 94 expires.
>>> No issues. You are legal in the country until your current I-94 is valid. A transfer can be filed before the current I-94 expiry date. Once you join the new employer, you don't have to worry about your extension with the current employer.

[Kamar Kumar]

Thanks

Hi Shervin143,

Thanks for the quick response.

Kamal