H1 transfer - GC Pending

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phxhyd

Registered Users (C)
I’m working for company A and company B has sponsored my GC as future employee and also did a H1 transfer from A but got a big RFE. Now company C is ready to do H1 transfer. Is it a good idea to do so or would get into problems as GC is in process through B? We did I-140 & I-485 concurrent filing and got our EAD’s approved but I-140 is still in pending status. I heard that using EAD is not a good idea when I-140 is pending.
My Attorney is sending a response to RFE but I’m not sure whether it gets approved or not. What happens if B transfer gets approved and would choose to work with B and not use C at all (if it gets approved)?
In the other way, If C gets approved and choose to work with them as the H1 with A expires pretty soon (got to move out) can I comeback to B with a fresh (another) H1 transfer. Please suggest what is the best to do at this time?
 
phxhyd said:
I’m working for company A and company B has sponsored my GC as future employee and also did a H1 transfer from A but got a big RFE.
-------what was asked in RFE?

Now company C is ready to do H1 transfer.
--------------if RFE is related to YOU then problems
Is it a good idea to do so or would get into problems as GC is in process through B?
We did I-140 & I-485 concurrent filing and got our EAD’s approved but I-140 is still in pending status.
--------------------let the I-140 get approved
I heard that using EAD is not a good idea when I-140 is pending.
---------------that is correct. if I-140 gets denied I-485 EAD AP all get denied
My Attorney is sending a response to RFE but I’m not sure whether it gets approved or not. What happens if B transfer gets approved and would choose to work with B and not use C at all (if it gets approved)?

-let the lawyer reply to RFE and if H1 transfer gets approved for B then you can join B if H1 transfer approval has I-94 attached
In the other way, If C gets approved and choose to work with them as the H1 with A expires pretty soon (got to move out) can I comeback to B with a fresh (another) H1 transfer. Please suggest what is the best to do at this time?
Click to expand...
Please go to good lawyer with all your details and RFE details and what you plan to do. If I am in your situation I will file H1 extension through A before the I-94 gets expired.
GC filing through B is not problem let the I-140 get approved and after the I-485 pending more then 180 days you post here latest details
 
Thanks ginnu for your valuable suggestion.
Company A would not do H1 extension as B & A belong to the same group. A is the old company & B is the new company. That is how the GC was filed through B.
The H1 petition was filed by employer directly and the RFE is now handed over to an Attorney. This company had RFE’s in the past for their employees & the Attorney replied well and their H1 got approved. The RFE is related to employer except the following two on my self.
Education Evaluation – Can provide
Original Documents – Here is the exact wording:
Provide the original degree and transcripts the beneficiary received from xyz University. Do not send additional photocopies. Do not send an original document different then the one from which the photocopies were obtained.

Question: If I send the original documents, how would I get them back? Please post comments! Also why USCIS is interested in my graduation doc’s rather then post graduation?

As company A would not extend my H1, I’m thinking to have company C transfer my H1 so that if B’s H1 gets denied then I’ll have an option to join C.
 
phxhyd said:
Thanks ginnu for your valuable suggestion.
Company A would not do H1 extension as B & A belong to the same group. A is the old company & B is the new company. That is how the GC was filed through B.

---------------even if you work on H1 with X then Y can file LC I-140 for you as GC is for future job after I-485 approval .
The H1 petition was filed by employer directly and the RFE is now handed over to an Attorney. This company had RFE’s in the past for their employees & the Attorney replied well and their H1 got approved.
----------------company changed name from A to B and company had RFE in past for other employers. it means company did something wrong in past , may have been investigated and then changed name from A to B
The RFE is related to employer except the following two on my self.
Education Evaluation – Can provide
Original Documents – Here is the exact wording:
Provide the original degree and transcripts the beneficiary received from xyz University. Do not send additional photocopies. Do not send an original document different then the one from which the photocopies were obtained.
--------------------Send the original degree and transcripts
Question: If I send the original documents, how would I get them back?
-----------------USCIS will send you back( your lawyer can also write a letter that after verification your certifictes should be returned).
Please post comments! Also why USCIS is interested in my graduation doc’s rather then post graduation?
------------------May be the company or candidates of that comany A/B in past submitted fake degree certificates . FYI in South India many submitted fake degree certificates, fake exp letters and got H1 in 1998, 1997 and 1999 now the US consulate Chennai and other consulate have fraud detection units and others suffer due to the past frauds . I am sure the company A or B is on DOS and USCIS radar system.

As company A would not extend my H1, I’m thinking to have company C transfer my H1 so that if B’s H1 gets denied then I’ll have an option to join C.
Click to expand...

--------------- if USCIS find something wrong with your degree or Exp letters then they may not approve your H1 for A B or C. if they dont see problems with your education, exp certificates then your may get H1 approved. talk to your lawyer with all case details. I suspect the company A/B may be owned by south Indian in NJ
 
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