RFE

Changing Jobs While H-1B RFE Is Pending

I have question for H1 transfer. I am working in USA from 2006 and changed 2 employers till now. My current H1B petition is valid till June 27,2018. I have my labor and I 140 approved with EB2 priority date of April 2010.I am working as contractor to the client in Bay area, California and employer is based in Ashburn Virginia. I joined this client as contractor in April this year so my employee filed H1B extension and amendment together in April. We moved this case to premium in early May and USCIS sent RFE on my case. My company attorney is working on the documents i submit for RFE response. My contract is only till August and I received client letter which states the same end date with further possibly of extension. This client wants to hire me as their full time employee. I have offer from another Healthcare client , however I am not sure if I can transfer my H1 to the new employer/client when RFE with the current employer is in process.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

Transferring H-1B While an RFE is Pending

I am working as a consultant for big client. My employer applied for my H1b extension and received an RFE, they have recently replied for my RFE and now waiting for the decision. Now my client offered me job and ready for transfer my H-1. My questions is : is it possible to transfer H-1 during RFE?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

H-1B RFE For Specialty Occupation

I have received a specialty Occupation RFE. As part of the RFE I am asked to provide:
1." Industry letter from other similar companies as yours" - Can you please suggest what is expected here, is a letter required from my manager or a client or some other company.
2. Percentage of time spent on each duty" - I work on multiple projects and also on some internal projects. I work as a full-time employee and work in client locations as required during conducting workshops, training etc. I do not work out of client locations.How do I split the tasks?
3. "level of responsibility" - what is expected here

Watch the Video on this FAQ: H-1B RFE for specialty occupation

Video Transcript

Please get yourself a lawyer. Don't do it yourself. These are relatively complicated issues. More...

 

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

Substantial transcription for video: 

Discussion Topics, Thursday 5 October 2017: FAQ: Current immigration/visa options for entrepreneurs || Immigration consequences of a denial of entry at the airport || Status of H-4 EAD litigation/suit ||

Other: Status change while another application is pending (H-1, H-4) || RFE issued AFTER H-1 approval || I-485 Advance Parole staying in the USA after I-94 expiration || Change in job titles effect on green card and H-1 || VAWA for H-4 || Responding to level 1 wage on H-1 RFE || Timing etc. of green card application while H-1 is still in process || Citizenship, effect of non filing of taxes ||Applying for green card for step daughter || I-140 approval uncertain || Effect on H-4 EAD when H-1 loses job || H-4 EAD rule litigation || I-94 approval duration discrepancy || Time lines in green card || Level 1 wage issues

Evidence or Documents Created After the Filing of a Petition

1. I had my H-1B approved in Feb 2017. I moved to the US after H-1B petition is submitted. My employer filed for COS from H4 to H1 through premium processing in March 2017. Got RFE on COS petition for proffered position and employee and employer relationship. which they have replied to .. And now got a second RFE asking for a combination of following or similar types of evidence: Letter explaining how the Level 1 wage designation LCA that you have provided corresponds to the proffered position. Document to support that the level 1 wage designation on the LCA supports the proffered position.
2. What are the other options if my COS petition is is denied?
3. Am I eligible for transfer if I get an offer from the new company?
4.Is my approved H-1B still valid and cap exempt, whatever is the outcome of COS petition decision?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

AC21, changing jobs, when to file Supplement J

My EB2 priority date is June 2009. I filed for my I 485 in 2012 and since 2013 I have EAD and have been maintaining H1b status. In 2014 I changed my job from the original employer who started my GC process (with whom I have I 140). I sent AC21 when in 2016 I got the standard RFE to produce medical records and employment proof (since then the priority date had retrogressed again), and also have H-1B with my new employer. I have not started the new GC file with a new employer. Should I file supplement J now, proactively, or should I wait for another RFE from USCIS when my priority date becomes current in the future, to file for supplement J?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

I-485/AOS/AC21 issues in job through future employer - I-485/AOS

Situation -
1. I am working with employer A on L visa.
2. Employer B has filed my future employment based GC under EB2 category. My I-140 is approved. (I have not worked for employer B until now)
3. My I-485 filed by employer B is pending for more than 180 days.
4. I certainly want to join employer B as soon as I get a project prior to getting green card OR when I get my green card.
Questions - (in case point # 4 is not MET and I get an RFE on employment verification letter)
1. During I-1485 adjudication if I get EVL RFE and I decide to respond to it using another job offer from employer C, then - How do I prove that I certainly had intention to join employer B at the time of filing I-140 and I-1485?
How to prove that my employer B also had intentions to hire me on a permanent Job offer at the time of filing I-140 and I-485?
2. If we want to respond to EVL RFE using Employer C's offer then - How do we prove that this offer was extended prior to I-485 adjudication (with joining date after getting green card)?
What should be the offer extended date and
What should be the joining date to comply by AC21?
3. If I respond to this EVL RFE using employer B's job offer letter then - What are the chances of getting "Ability to pay RFE" subsequent to my RFE response using Employer B's offer letter (Not using AC21 at all)? (FYI - as far as I know so far none of the GC applications are denied for "Ability to Pay" RFE for employer B)

See clip from Attorney Rajiv S.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

Pages

Subscribe to RFE