This is really urgent for me.
I joined a staffing firm ‘A’ last year 20 Apr 2018(H1 Transfer). Got rfe on 28 Jan 2019. Rfe responded 26 Apr 2019 with client letter and other docs. Still awaiting results. My previous i94 was expiring on 25 may 2019.
I got 2 offers and since i94 was expiring both filed my new transfers on previous receipt before 25 May 2019 (i94 expiry).
1st company ‘B’ filed in premium and I joined this 3 jun 2019 (by resigning in previous staffing ‘A’).
Same Evening they told me they lost the client Account and don’t have Sow or any docs further.
On 5th June 2019 I got RFE on same asking SOW and other docs along with specialty occupation. Their immigration team is saying we don’t have any client docs and SOW now.
Hence 99% this will be rejected after RFE response. They are ready to send me to India in next 10 days, response to RFE and expecting -ve and then telling me that they will file fresh from India for new client.
They (company B) have submitted i9 to USCIS. They are not ready to file amendment for another new client. plus I have received one paycheck from B as well.
Now is there any possibility i can Join 2nd offer (company C) who also filed transfer on receipt before i-94 expiry? I pushed them for premium on 12 June 2019.
Got RFE on 18 June 2019 for specialty occupation, Education Evaluation, Pending transfer result (with company A), Maintenance of status.
C got RFE on 18 June, is it still legal to join them and wait for result of A as A’s rfe response is still awaiting result.
How long can it take for A transfer approval?
It is 14 months since it was applied. It is also 53 days since their rfe was responded. It was originally filed (APR 2018) in CA center, transferred to Vermont on Jan 2019 and got rfe, then rfe response sent to Vermont on 26 Apr 2019.
Still pending result. This staffing firm A is rigid on not filing Premium from day 1 even on offering $1500.
Now I left them, still not ready to convert to Premium. Their attorney says they haven’t withdrawn. they have been real trouble makers hence i shifted to B without result of A.
Company A’s result which is still pending from 14 months can impact Company C’s result ? I am expecting Company A’s result by 30th June as it will be over 60 days of Rfe response by then. If A’s result is negative, Will I be able to join C without loosing status?
Do I need to tell Company C about fiasco of joining company B. Asking this because I do not want to be Out of status or into any unlawful overstay. There was no gap from A->B. Also I will make sure that there is no gap in B->C.
If your both H1B transfer i.e. Company B and Company C were filed before your i94 expiry, then you are fine with Company C.
You can respond to Company C’s H1B RFE and you should be good.
You can join company C as their H1B transfer is still pending.
It is possible that USCIS may approve (if approve) your Company C H1B with consular processing. Usually, it does not happen in cases where you file H1B transfer before i94 expiry but you never know.
Thanks a lot. What if company A result came out negative. What effect can it have on C rfe response/result
Company A result should not affect your C’s H1B as you filed it before i94 expiry.
Wait, are you currently working? How are you maintaining your H1B status? Is company B running your payroll at this time?
If you do not join Company C to maintain your status, you cannot stay in US.
Yes I am currently working in B, to maintain status and have 1 paycheck thru them.
2nd paycheck will come on 2 july. I will make sure no gap is there in joining from B to C.
B’s plan is to send me India on 13 July then finish ongoing rfe as negative and then file fresh from India for a new client.
Good plan but still uncertain of coming back to USA. It’s a long path with lot of uncertainty like 221g etc.
C’s rfe has specially mentioned of A’s receipt number and pending decision and maintenance of status. That’s why I was asking of impact On C’s rfe response if A’ result is negative.
Will I be out of status if A’s result is negative.
If you filed C’s H1B before i94 expiry, then you should not be out of status on A’s denial.
If USCIS has suspicion on A’s receipt, then chances are high that C’s H1B will be approved with consular processing, as I have already mentioned earlier.
Any way to get A’s result faster or expedite. As per USCIS vermont resumed working on this case on 29 Apr 2019 after receiving RFE response. Its 56 days till now and no result yet.
My Employer A whom I have left is not supporting for PP or even an inquiry for out of normal processing times.
Any idea how approximately how much more can it take.
Only an employer can file for premium processing request.
Company C’s rfe is specifically asking(With WAC number) for status of Company’s A transfer. On USCIS webs it still says “RFE response received, we are working on your case”.
I am skeptical that since i have left Company A, they have withdrawn their petition. Is there any other way to get latest status update of that case. How to fill FOIA G-639 for this specific need. Please guide me.
I do not have the sample G639 specific to your requirement but you can see a sample G639 for i140 and most of the information is same.
I tried Filling G639. But it says following in instructions;
Do not use Form G-639 for the following requests.
1. Status Inquires. Contact the USCIS office where the application or petition was filed or visit
https://egov.uscis.gov to check your case status online. You may also reach out to the USCIS Contact Center at
www.uscis.gov/contactcenter for help. The USCIS Contact Center provides information in English and Spanish.
For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Then, just call USCIS to check the status. Have you tried it?