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Old 04-20-2012, 01:25 PM
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Join Date: Apr 2012
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ktatt001 is on a distinguished road
Default H1 visa transfer - RFE - Ban?

Hi. I'm currently working for Company A, got a new job and company B has filed for my visa transfer. Both are full time direct employee positions. I don't want to leave company A until I receive H1B approval. However, I've got an RFE challenging the "Right To control" because of this statement in the CEO's letter:" with over 4,000 clients spanning all around the world, our primary objective is to unlock the potential of our client's businesses. " basically, he meant clients here are comanies that use our software. but USCIS misunderstood that this is a client based position. how to go about this one? how to prove that this is a full time position and not a client based consulting? also, if something goes wrong and it gets denied, would I be banned though i have a valid h1 with company A that i'm still working with?
Your help is greatly appreciated.
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