H1B RFE on previous approval


My Current employer A has applied for my h1b extension along with amendment as i had changed job. Currently, i am working for a Client in PA state.

I got a RFE asking that why i did not file amendment while on the previous job for location change. All this is because while i was on my previous job with Texas based client my employer had run my payroll for NJ ( since my employer is NJ based ). I was totally ignorant about this going to becoming an issue.

Uscis had asked in RFE that they approved previous h1b for Texas state and why payrolls were run for NJ state. :slightly_frowning_face:

It is the fact that my employer has been running my payroll for NJ state for 2 years now.

My employer is still running my payroll for NJ state, despite me working in PA state, which landed me in RFE. What are my options? Please advise.

My h1b had expired last month and now I got this RFE.

Can i move to a different employer and file my h1b extension+ amendment?
Also, my client had offered me full time position. Can i file for a fresh h1b extension with them?

Please help.

So you mean to say while you resided and worked in Texas, your employer generated payrolls with NJ state tax withholding? If this is true, then did you file your state return for NJ while residing in Texas? If yes then this will be considered not out of ignorance but deliberate as you are expected to know tax laws of the country you reside in. Also if you paid NJ state tax all this time while you were in Texas, you also lost your hard earned $$$ as there is no state tax in Texas.

It is critical and best to work with your employer’s immigration lawyer in your case and have your lawyer respond to RFE.

You can file transfer petition with new employer while your extension petition is pending but because in your case I-94 is already expired, if the transfer petition is approved before the extension, it will be approved with consular processing meaning you will need to go for visa stamping.

Yes, but rather than EOS it will be a transfer petition.

Thank you so much for the quick reply. As suggested, I am currently working with my employer’s immigration lawyer to address the RFE.