Hi All, Hope you doing great.
I am in a situation and need some advice.
I came to US in 2008 on F1 visa and got my H1B on Oct 1 2012. I went to my home country and got my H1B stamped in Jan 2014. My H1B stamp is expiring on September 13th 2015.
I got new job and started working with new employer on 2nd week of Jan 2015 upon my H1B transfer application receipt. On Jan 16 USCIS issued RFE (request for evidence) for my H1B Transfer. My new employer and lawyer are working on gathering all the documents asked by USCIS.
Now I am leaving US for couple of weeks to attend emergency family event into my home country. I am leaving on Feb 18 2015. I am bit concern with few reason on my situation.
Consider I am in my Home country and If my H1B Transfer is denied after submitting RFE docs, can my employer apply for transfer again?
If I postpone my trip to home country and still receive H1B transfer denial, will that make any difference in the process of reapplying for the transfer?
If we get denial and reapply, can we reapply with different title/position?
Will I be able to come back to US on my old employer’s H1B stamp, even if the transfer is denied?
On my previous petition, my position/title was Market Research Analyst, but on transfer petition - it’s a Junior Project Manager. Is the position/title changes could be reason for H1B denial? I did my MBA in Market Research here.
In RFE, USCIS has request huge list of documents, is this mean the chances are more for H1B transfer denial? ( I have attached list of RFE questions)
My wife is on H4 visa, so is there anything else I need to keep in mind for her status as well?
Any additional information will be icing to the cake.
Thank you so much for your help.
Sincerely,
N