H1B visa Transfer got 2nd RFE from USCIS

Hi everyone,

I would like to share my current situation with you all and want to get your inputs/help on this.

I initiated my H1B from my previous employer A to new employer B in nov 2012.

I got an employment with client C and working through my new employer B on the new reciept. in betweeen my new employer and the end client, there are two layers L1 and L2 (sub vendors).

When my employer filed the petetion, he mentioned the information of only one layer L1.

The first RFE we got for the explanation of the purchase order from L1 and company names were spelled incorrectly.

I also got the end client letter from client C. we responded to RFE 1.

After this, USCIS enquired with my end client C about my employment. My end client told that I am working with them but through Layer 2(sub vendor2) and he also mentioned that a manager from Layer 2 will be supervising me at work.

Now USCIS has given the 2nd RFE asking about the layer 2 as they have no information since the petetion was submitted.

I am worried because I heard if a petetion gets 2nd RFE, the petetion will be denied mostly.

Please suggest me how to get rid of this situation. What would be the information my employer should provide to USCIS? I will have to respond to the 2nd RFE by 15th feb 2013.

More importantly, my previous employer already invoked my previous H1B I had with them.

Thanks! Appriciate your response.

Your employer needs to provide documents which would prove Employer-Employee Relationship. Your daily work can not be supervised by anyone other than your employer(atleast in theory this should be proved)

I am surprised that USCIS didn’t deny the petition as soon as they figured out that the employer lied to them by hiding the 2nd vendor. Whatever documents you submit now will weigh against what the client has already told them. So they may go back to the client for verification of the documents.

My suggestion is to not fabricate the documents, and instead get the things in place so that the client can back-up your case.

Hi All,

Just want to give an update on my case and looking for your suggestions.

Today my employer responded to this RFE. But the thing is due to some budget constraints, I am out of my current project.
As USCIS questioned earlier, there is no source to prove the employee-employer relationship since I am out of the client.

My employer is stating that I am still their employee and getting some training in their office and showing all the documentation that proves me as their employee. But they are not 100% sure on getting my case approved.

Now the question is if the petition gets denied, what are my options? I do not have any project in my hand to file a new petition.
One more thing is My wife is also on H1B visa and she is working now.
Can I change my status to H4? if I do so, after 1 or 2 months if I get any project Can some employer file new H1B for me?
If they file a new H1B, will that comes under H1B yearly cap? should I wait till next cap?

Please provide your valuable suggestions. Appreciate your help. Thanks in advance.

You already had H-1 from the old employer. So if the current petition is denied, you can move to H-4 by filing COS or entering on stamped H-4, and can again move to H-1 in future. You don’t need to go through the cap again based on your previously approved H-1 petition.