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Case: H1B transfer Denial

One of my friends H-1B transfer got denied. The case is he has a H-1(under masters quota) from Oct 2008 with a previous employer and got a new job from Jan 2009 so applied for a transfer thru them. He has been working from last July2008 and has all the paystubs from july2008-dec2008. So applied the transfer with all the paystubs. He got an RFE in March asking to provide W-2 for last year , paystubs , client letters etc. After replying to RFE after 1 month got a denial from USCIS in the website. HE is still waiitng for formal letter from them. So wat are the options available ??
Can he go back to previous employer ?
Can he file a motion on why they rejected the transfer? If even the motion gets rejected can we still go back to previous employer ?
Please let me know it is kind of urgent...

Receipt date was Aug 2004, RFE - required both parents names in birth certificate or affidavit will do, employer information was missing.

Anci,

Can you tell me your I140 receipt date, category and service center?

Thanks

Put the year also to get an idea.

Thanks Pagal. I guess I'll wait for it to resolve. I don't know why USPS sends back this mail while delivering that all other mail.

Thanks,
Hello,

The cards and notices for my family did multiple rounds of 'undelivered' mail .... ...

Thanks for your response kaisersose.
I understand I can switch jobs with my EAD.

I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?

KC INdian

Whenever you want to switch jobs, you have to apply for a whole new H1.
Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.


How often does a denial happen in a case of H1 "transfer"? Do you know? Why would a transfer be denied?

Dude... do some research on the forum on AC-21. There's tons of information.

Anyway, no form to fill out. Whether or not to send info is your choice.

Some attorneys basically just send a letter to uscis letting them know that you moved to emp B from emp A and include specifics about job duties, position, salary etc and that you are invoking the AC-21 rule/act.

Also depends what is the compensation for the position. As what I see normally (applies to contracting only) any job under $50/hr goes unfilled or takes longer but jobs with $80-$100 gets filled in 2-3 days and creates shortage for those.
May be because immigrants (H1 & GC) who came in around 1997-2001 have over 7+ yrs of US experience and get paid really well :D

Hi
What are supporting documents reqd at port of entry for dependent who is travelling on AP( who is not primary applicant)?

Thnks

I am an EB-3 I with a 2005 PD on my 10th year on H-1B. I have a standing offer from a different company who are willing for file for a new GC in EB-2. I requested their HR to file my GC before I join their firm as I want to stay on my current project till the end of the year and they are ok with it but want to see some website/links stating that it is allowed and legal. I personally know that is allowed but had not much luck finding a good website noting this.

Could anyone paste a link or point to a good website that has this clearly stated. Thanks

There is so much to read about the happenings around this topic. How are we faring so far? Thank you for all the hard work!

Every day's Senate proceedings appear in our member's only forum - http://immigrationvoice.org/forum/forumdisplay.php?f=14

Recently, I made my own PP photos using http://www.epassportphoto.com/

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For a family of 4, this equates to savings of ~ $40!!!

The site has all the tools for meeting various types of visa/pp/etc photo requirements for various countries.

Wow that is so Great!!!!!! You saved $40.
Now how about contributing it to IV?

Great logiclife. That's spirit! Let's all give it a big push! Also if you need my help let me know. I have some ideas I am sure will work. Send me a PM and we will see how we can work together.

Hi Leoindiano:

What is meant by Pre-Adjudication and how do we know that, our case is Pre-Adjudicated. Sorry to ask you this qn. specifically, as I amnot seeing any LUDs on my case, and my para-legal says, dont worry.

my case details are PD10/05 EB2 I, RD 07/02/07 and ND 08/30/07 at TSC.

Can you enlighten us little bit more.

preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.

pre-adjudication has three advantages compared to starting to process only when teh PD is current:
- If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
- if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
- its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.

ur status does not change when your case is pre-adjudicated.

Its my turn to complaint about Red dots. Who gave me a red dot? I am just kidding and messing with you :D

BTW, Dhundhun, I thought you said that you will abstain for couple of weeks. You are already back? Everything alright? Just asking....

yes, he is working for a desi company so he doesnot get paid when he's on bench. His last payroll ran on January 2009.
Thanks for the replies, we didn't know that the Immigration officer at the Port of entry can ask for a Paystub or a W2.

This is not a PD transfer case rather it is AC21 case.


One says, I can only remove my Future employer "X", who has filed for my GC, and carry my Priority Date , AFTER I get new PERM and new I140 from the new company.

Other one says, don't worry just move to new Employer and I don't need to refile PERM and I140.

Both lawyers are mentioned over 10 times on this web-site and both are VERY reputed.

I have NEVER worked for employer X, It was a future position and I may still join them.
I have approved 140 and 485 is pending for about 9 months.
EAD is approved and so is AP.


Please help guys!

You dont have to answer that question. They have all your records, just provide your A# and they will find out.

I chose to answer the questions with * only which are required fields.

Thanks

Hi all,

I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).

gchopes

In my non PP case, they took exactly 60 days as they said they would.

"Twenty years from now, you will be more disappointed by the things that you didn't do than by the ones you did do.
So throw off the bowlines. Sail away from the safe harbor.
Catch the trade winds in your sails. Explore. Dream. Discover."
- Mark Twain

Nice adage. :)