H1 Transfer

sajidkapadia

Registered Users (C)
Hi all,

I have a similar problem.

I left company A and joined company B. When I joined I was informed that they have filed for my H1 transfer. But later on I came to know that only the LCA has been filed and approved.

The filing of the LCA was through fax.

They had filed I-129 but it was rejected on the basis that they had selected some wrong option on the form.

This was being done by the HR and not the company lawyer. That HR person knew very little about H1 transfer. He even filed the H1 transfer I-129 form by normal USPS and not fedex or UPS.

I spoke to a lawyer and he says that I need to go back to company A and get paystubs for atleast 3-4 pay periods. Then I will be able to file the H1 transfer.

My 6-year limit on my H1 is also coming near. It expires in February 2004. My labor certification for the green card was filed from company A on May 2002. The company A is actually owned by my friend.

Questions:
1. What do I do now for the H1 transfer?
2. If I go back to company A, I will be waiting for atleast 3-4 pay periods so that my papers are in order for the H1 transfer. Should I do the H1 transfer first or should I file for the 7th year extension of my H1?

Any help will be greatly appreciated.

Thanks
 
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