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If H1B transfer gets denied can I file new H1B petition thro' same employer, my I94 valid till Nov 2012 from previous emp.
Anonymous3 views4 answers
I got RFE on my H1B transfer seeking for client letter. But, due to some reason, I moved out of initial client and working for another (properly LCA was submitted before the job change). But still one Attorney saying there are more chances of denial, as one reason, Amendent H1B was not submitted before the job change. What are all the chances I have? If denied, can I file new H1b through same employer or different? without leaving USA? Please help. Thanks.
It is not clear what the RFE is requesting. “Seeking client letter?” It sounds that CIS is seeking support letter from new employer/petitioner. The questions may be for the employer not for the employee... If this is the case, that needs to be responded accordingly (prepare a support letter stating all the changes on I-129 FORM, and all the conditions/responsibilities/description/salary of new employment). Also, if there is a new employer, the new employer may be required by CIS to file a new LCA with the DOL for the new job position. Another option may be to withdraw current I-129 and submit a new one with all attachments and supporting evidence. This is not legal advice but for general information purposes only. We would need to meet in detail before we can give any actual legal advice. Call us so we can meet about your case. Best of Luck!
Hello. We are located here in Rockville, MD and I'd be happy to meet with you. We often get involved with H-1B visas when an RFE is issued. We recently did this for a client. By refiling the LCA, amending the I-129 and business necessity letter, we were able to get a successful approval. However, time is of the essence. In the event there were a denial, depending on the reasons for denial, it may be best to appeal if H-1B visa numbers have capped out. I will need more information to confirm any advice here, and again you may contact us to set up a time to speak on the phone, or you may come into our office.
Kindest Regards,
Glendia Scott
Attorney-at-law
Member of American Immigration Lawyer Association (AILA)
