H1-B Transfer on a pending H1-B transfer

mottai

Registered Users (C)
Here is my condition. Please advise....

I was working for a start-up X. They closed sometime in Feb '2003. Two months before they closed, they applied for my H1-B extension.

I joined a shady desi consulting firm Y after my previous employer closed down. This company applied for my H1-B Transfer.

I got an offer from another start-up Z in Aug '2003. This company applied for my H1-B transfer. We got a RFE from INS on this H1-B transfer. The RFE states that

"Electronic records indicate that a prior petition was filed on the beneficiary's behalf. On November 6, 2003, the Service requested additional information on that petition. Before the Service and continue with this case, the prior petitioner must respond to the request for additional evidence".

The shady desi consulting firm Y's H1-B transfer got an RFE. They never responded to the RFE. Since the firm Y does not have a vested interest in my scneario, I doubt if they would respond to the RFE. How should I proceed..?

My present employer(company Z) does not have any immigration attorneys.

Any replies would be highly appreciated.
 
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How is the H1 transfer petition withdrawn...? Will company Y has to send a letter stating that they are withdrawing the H1-B petition...? I doubt if Company Y will take the trouble of sending such a note to the BCIS. They don't have any vested interest in my case.

Can my present employer(Company Z) do the same..? My present employer is a small start-up and they don't have an immigration attorney at present.

Originally posted by global_goonda
Is it possible to withdraw the H1 transfer petition that company Y filed for you?
 
Try contacting an immigration attorney. Rajeev Khanna's office may be able to give you more ideas.

Originally posted by mottai
How is the H1 transfer petition withdrawn...? Will company Y has to send a letter stating that they are withdrawing the H1-B petition...? I doubt if Company Y will take the trouble of sending such a note to the BCIS. They don't have any vested interest in my case.

Can my present employer(Company Z) do the same..? My present employer is a small start-up and they don't have an immigration attorney at present.
 
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