H1b amendment got into rfe

[[email protected]]

Hello Everyone,

I'm working in an EVC model wherein I'm working at TCS client location through TCS preferred vendor which has signed the contract with my employer. I joined the client in the month of May 2016 and my LCA was also filled but my Amendment was not filled by my employer and later on it was filled in the month of July 2016 which ended in RFE now my questions to everyone is:

1. Can I transfer my H1B visa to new employer when my amendment is in RFE status?
2. Can I transfer my H1B visa to new employer after my amendment is REJECTED?
3. Do I have to leave the country if my amendment is rejected even when my visa is valid?

Kindly help me with the queries. Thanks a lot friends.


Regards,
Rama

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[lisaanderson]

Hello Everyone,

I'm working in an EVC model wherein I'm working at TCS client location through TCS preferred vendor which has signed the contract with my employer. I joined the client in the month of May 2016 and my LCA was also filled but my Amendment was not filled by my employer and later on it was filled in the month of July 2016 which ended in RFE now my questions to everyone is:

1. Can I transfer my H1B visa to new employer when my amendment is in RFE status?
2. Can I transfer my H1B visa to new employer after my amendment is REJECTED?
3. Do I have to leave the country if my amendment is rejected even when my visa is valid?

Kindly help me with the queries. Thanks a lot friends.


Regards,
Rama

You are already out of status. When you joined the client before the H-1B Amendment was filed, you violated the status (unless the new client happened to be in the same MSA or within commuting distance with the previous client).

1. You can file a transfer while a petition is pending. However, you should inform the attorney that you joined the client 2 months before the amendment was filed. A conservative attorney would recommend that you process the change of employer as a consular processing case.
2. When a request to amend the H-1B is rejected, the underlying H-1B is still valid if you can return to the previous client. So, technically a transfer can be filed even after denial.
3. It depends. Can you return to work with the previous client? If you can, you will remain in status. If you can’t, you should leave until the employer can file a new petition for you.

You need to speak with an attorney.

[DesiOPT-FaceBook-Admin]

Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...63076923709672 21st Sept - Please review comments from other users

[DesiOPT-FaceBook-Fan]

1 yes 2 yes 3 no

[DesiOPT-FaceBook-Fan]

1) yes you can transfer your h1
2) not sure if you will have time for that as soon as an h1 is denied you are out of status and need to come back with new visa
3) not sure

[DesiOPT-FaceBook-Fan]

H1 amendment is about any material changes in lca .. if amendment is denied then old lca and 797 is still valid . Means he has stop working at new location or new role ..