RFE on H1 transfer-start up company

ryan08

New Member
Hi

i am transfering my H1 from employer A to employer B with PP. With this transfer, my petition got an RFE with following questions and all of them are for my employer:-

a. a copoy of the latest US Income tax retun filed by your firm including all schedules
b. a complete copoy of your 941, Employer's Quaterly Tax Return, for the last two quarters in 2008. i.e six months including all lschedules.
c. externally audited or reviewed financial statements
d. copies of representative purchase contracts and or purchase orders and or invoices for the past six months
e. a company brochure or annual report describing your firms business and the products and or services it provides
f. photographs of your facility where the beneficiary is to perform his/her duties and which clearly depict your organization in action

My new employer is new company and i may be the first to join him. It is worthy to note i am new to US and i am here on H1b from some consultancy company with wierd rules.

Please advice, should be waiting for my current filing approval or should i proceed with another employer?

Thanks
Ryan
 
since this being a startup there is some risk. As long as your current H1 is valid, you could provide the reply to RFE and try. the questions asked in the RFE are their standard set of questions . As long as you can substantiate that it should be OK.
 
The list of documents in the RFE is quite specific. I would not waste my time with this employer if he has not been in business long enough to have these. A new business always has the option of hiring US citizens and LPRs prior to trying to employ someone on H1B status and would have these documents available. The RFE will protect you from going to work for an employer who is unable to pay you according to the rules for the H1B visa.
 
thanks for the advice-- let me hope the RFE is cleared soon. My employer say he has given all the necessary documents to the lawyer. How long will it take for USCIS to re-validate the RFE and let me know the results?
 
concerned4US: I have seen two other RFE's with same wording. I also thought they are picky on the employer. It seems all the suspicious cases they pass to a seperate team and they have standard templates. At this stage they are not picking against the said employer. but being a startup there is a risk, I agree.
 
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