Employer or Employee?

[pikekathie]

Hi all!

I'm between projects for Employer A.
Last month Employer B applied for my H1B transfer (Premium Processing).
Got RFE with tons of queries.
Looks like Employer B may not be able to answer all the queries with confidence.

(1) Should Employer B give a trial and attempt to answer the queries to his best?
(2) Or should Employer B with draw the H1B transfer pending case?
(3) If Employer B tries to answer the RFE and unfortunately could not meet the requirement and finally if H1B is denied. Whose reputation is goanna be affected? Employer’s reputation or Employees records/reputation with INS/BCIS?
(4) At the present juncture - If Employer B withdraws the H1B transfer case – Again whose reputation/records are goanna be affected?
(5) Finally what’s the best alternative left so that the Employee is less affected?

Pike

 

[ginnu]

I'm between projects for Employer A.
Last month Employer B applied for my H1B transfer (Premium Processing).
Got RFE with tons of queries.
Looks like Employer B may not be able to answer all the queries with confidence.
------- Then avoid this employer
(1) Should Employer B give a trial and attempt to answer the queries to his best?
------ He should hire a good lawyer and let the lawyer handle RFE
(2) Or should Employer B with draw the H1B transfer pending case?
----- He can do that
(3) If Employer B tries to answer the RFE and unfortunately could not meet the requirement and finally if H1B is denied. Whose reputation is goanna be effected?

Employer’s reputation or Employees records/reputation with BCIS?

------- Depends on what kind of RFE was sent by USCIS, forget about the reputation, who cares
(4) At the present juncture - If Employer B withdraws the H1B transfer case – Again whose reputation/records are goanna be effected?
Depends on what kind of RFE was sent by USCIS, forget about the reputation, who cares

(5) Finally what’s the best alternative left so that the Employee is less effected?
------- You are not affected, don’t worry what maximum they can do is deny the H1 transfer, keep working with company A

 

[pikekathie]

Thanks ginnu for your valid response!

I have one more quick last question!

Lets suppose - my H1B transfer is denied with Employer B.
In future - down the lane - for green card processing if I change my employer to Employer C -

(1) Is this denial of H1B transfer with Employer B goanna affect my prospects or rather future in US?

Pike

 

[ginnu]

Lets suppose - my H1B transfer is denied with Employer B.
In future - down the lane - for green card processing if I change my employer to Employer C -

(1) Is this denial of H1B transfer with Employer B goanna affect my prospects or rather future in US?
-----NO, it has nothing to do with GC or for future job both are different petitions

 

[Jim Mills]

It depends on why the H-1 is denied.

 

[pikekathie]

Hi

Let's suppose my H1B transfer with Employer B is denied, coz he couldn't answer all the queries (may be lack of proper documentation or in stipulated time frame).

How’z goanna affect my (Employee) future?

Pike

 

[ginnu]

It is NOT going affect your (Employee) future

It was employer who could not reply or satisfy the USCIS RFE or Query, nothing will happen to employer or you
Relax!! Don’t bother about your “Reputation”