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  #1 (permalink)  
Old 03-02-2009, 04:48 PM
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bud21 is infamous around these parts bud21 is infamous around these parts
Default H1 transfer RFE

I applied for H1 transfer in August 2008. My H1 with previous employer was valid until October 2008. I got RFE in February asking for client letter. My client is not ready to give letter, they say their HR policy don't allow them. Reply to be sent by Mar 22. My current status is "Request for Additional Evidence Sent". My client has offered full time orally ( no document ). Can I apply for transfer to my client while my previous transfer is in RFE?

Last edited by bud21; 03-02-2009 at 05:12 PM.
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  #2 (permalink)  
Old 03-02-2009, 05:09 PM
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Originally Posted by bud21 View Post
I applied for H1 transfer in August 2008. My H1 with previous employer was valid until October 2008. I got RFE in February asking for client letter. My client is not ready to give letter, they say their HR policy don't allow them. Reply to be sent by Mar 22. I have a full time offer from my client. Can I transfer my H1 to the client while the case is pending? My current status is "Request for Additional Evidence Sent".
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I have a full time offer from my client
If its in the form of a hard copy or soft copy(take the print out), send that to USCIS to satisfy the RFE.

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Can I transfer my H1 to the client while the case is pending?
Did not quite understand what you are saying? Have you not already applied for the H1 transfer?
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  #3 (permalink)  
Old 03-02-2009, 05:14 PM
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Originally Posted by bud21 View Post
I applied for H1 transfer in August 2008. My H1 with previous employer was valid until October 2008. I got RFE in February asking for client letter. My client is not ready to give letter, they say their HR policy don't allow them. Reply to be sent by Mar 22. My current status is "Request for Additional Evidence Sent". Can I apply for transfer to another employer?
Your client basically doesn't want to get into this immigration mess. I doubt if their HR policy specifically states "don't provide letters to contractors". Request for a letter through your consulting company and explain your client the situation about the H1 transfer.
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Old 03-02-2009, 05:19 PM
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bud21 is infamous around these parts bud21 is infamous around these parts
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The middle vendor is ready to give a letter and my employer has the purchase order and invoice with middle vendor. But the client says 'We don't give any such letters' and the middle vendor supports him saying that the client is not responsible for you, we are responsible for you
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  #5 (permalink)  
Old 03-02-2009, 05:22 PM
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I already applied for transfer and it has an RFE..I want to apply for transfer to my client directly while that case is pending...is that possible?
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  #6 (permalink)  
Old 03-02-2009, 07:42 PM
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Originally Posted by bud21 View Post
I already applied for transfer and it has an RFE..I want to apply for transfer to my client directly while that case is pending...is that possible?
You can. If I understand correctly, you are on H1 with a (say) "company A" right now....and applied a transfer with "Company B" and it has an RFE and you want to go to "Company(client) C" who are willing to sponsor your H1B...if this is the scenario, YES you can be sponsored by the client company even though you have a pending transfer while you are sill on H1.

EDIT: another scenario where you can(not).
If Company A H1b expired and you are in the middle of a transfer process with Company B, then you although can apply for Company C transfer. You must make sure your Company B transfer is not denied.

Last edited by LostInGCProcess; 03-02-2009 at 08:00 PM.
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