H1b transfer

[Laxmi101]

Hi...I worked with Company A and then transferred my H1b to Company B some six months back. The visa with Company A is valid until Oct 2008. Company B applied immediately but the receipt number came after 1.5 months and it is in California Service center. The date of processing was so delayed and since I had to travel to India, I made it as a premium processing. Now an RFE is raised by the USCIS for which my attorney as still not responded. When I enquire him, he says that he is building a case to get it approved properly and if he urges it, it might get rejected. Hence he told me that I can safely travel outside the country and come back without any issues since my visa is valid. Now I found another employer C with a good reputation offering me a job. I told them that I am waiting for my approval from the current employer and they were fine with that. Now my question is

1. Can I travel to India and come back inside safely?

2. If even by that time(after two weeks of my India vacation), my attorney has not responded to the query, will I be able to initiate the transfer with the company C and upon receipt of receipt number, can I ask company B to withdraw the case (this is because Company C attorney says that if Company B's case is on hold, any transfers initiated will be on hold only).

If anyone would have faced this kind of problem or idea to handle this situation, please let me know.

Thanks Many.

 

[Damu]

Hi Laxmi101,

I'm in a similar situation. You may want to consult another attorney for a second opinion. From what I know, here are my answers:

1. I'm not sure if you can leave the country when an application is pending. From what I have read on other threads, according to INS rules, you are abandoning your pending application when you leave the country. But again, please consult with a good attorney on this.

2. You can apply for transfer through Company C when Company B's RFE is still pending (not replied). When you receive the receipt notice for Company C's transfer application, you can ask Company B to withdraw their case. I'm not sure if Company C's application will be put on hold because Company B's case is still pending.

I have a couple of questions too:

1. What was your RFE about? My RFE was asking for Company B's financial details, business contracts, current and past H-1b's, place of work, etc.

2. How many more days do you have to reply to RFE? In my case, it was 80 days, the attorney has not replied yet, still a little more than a month left.

Thanks.

 

[Laxmi101]

Hi..Thanks for the reply. I am not sure what the RFE is but I understand from the way the attorney told me is about the companies financial details I guess. I am not sure how much time was given for the RFE.

I will check about travelling outside the country with USCIS itself now. My attorney told me that it is fine to travel. Thanks once again.

 

[Damu]

Hi, please post information once you check with USCIS about rule for leaving country when an application is pending. Thanks.