Need Advice on H1 transfer

rajiv75

Registered Users (C)
Hi all,

My Case

1) Worked for Company A from 2007 to July 2009 on Aug they laid off and revoked my H1.
2) Got project through a consulting firm and they initiated my H1 transfer process on Nov 2009.
3) Received RFE and Replied to RFE with all documents - RFE was regaring consulting firm docs and W2 from my end for 2007 and 2008 + Client letter.
4) I dont have paystub from Aug till Oct 2009

My Question
1) Will my H1 transfer be approved ?
2) Should I ask my client company to initiated my H1 transfer process as they are willing to do it or should I wait till I get any update from USCIS for my current H1 transfer process.
3) Through My company A I have I-140 approved will it help in any way?

Any pointers and help will be highly appreciate.

Thanks,
-Rajiv75
 
Hi all,

My Case

1) Worked for Company A from 2007 to July 2009 on Aug they laid off and revoked my H1.
2) Got project through a consulting firm and they initiated my H1 transfer process on Nov 2009.
3) Received RFE and Replied to RFE with all documents - RFE was regaring consulting firm docs and W2 from my end for 2007 and 2008 + Client letter.
4) I dont have paystub from Aug till Oct 2009

My Question
1) Will my H1 transfer be approved ?
---I dont know.You dont have paystub from Aug till Oct 2009. USCIS may say you were out of status as you did not work or get paid in Sep, Oct 2009 company A also revoked your H1 before new company filed H1 for you and it means you were not on H1 status when new employer filed H1 for you.
2) Should I ask my client company to initiated my H1 transfer process as they are willing to do it or should I wait till I get any update from USCIS for my current H1 transfer process.
----------------I will wait for USCIS update for current H1

3) Through My company A I have I-140 approved will it help in any way?
------ keep the copy of I-140 filing reciept or I-140 approval copy if A is ready to give you. I-140 approval will not help for your present H1 but it may be of use in future to recapture Early PD when any employer file I-140 for you.
Any pointers and help will be highly appreciate.

Thanks,
-Rajiv75

USCIS has complicated H1 process with Jan 8, 2010 MEMO and nobody can predict out come of your present H1. If your lawyer is good then follow his/her advice
 
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