H1B Transfer Issue - Help Needed!!

[chvvkc 0]

Hello,

 

One of my friends needs urgent help with his current H1B status and some questions on H1B transfer, any kind of suggestions would be highly appreciated!!

 

1. He landed in US in June 2016 on his H1 status with company A and later applied for a transfer to company B sometime in Dec 2016. 
2. He worked on a project with client 'X' through company B for a period of 6 weeks in Mar 2017 and the transfer is now pending with an RFE. 
3. He recently had to visit India due to a family exigency; however he's expecting a new full time offer from the same client 'X' whom he worked with recently and they are currently expecting him to travel to US for the final round of interview.
4. He only has his paychecks for the 6 weeks project that he worked on during Mar 2017.
5. His current visa stamping with company A is valid until Sep 2018.

 

So, would there be an issue if he plans to travel back to US within the next few weeks? If not, would there be any issues if company 'X' wishes to initiate his H1 transfer since the current H1 transfer to company B is still pending with an RFE? 

 

Please suggest!! Thanks in advance

[cd37 229]

The first question comes into my mind is whether this person has continous employment or not. What ki d of RFE he recieved. Most probably he got rfe bcoz of jumping around so quickly so they want to see if there is continous paycheck running. Now he wants to move to third company in matter of one year. This makes the case very complicated and fishy. If he wants to return to US i dont think he wl have an issue as long as h1b stamp is there but cbp officer will most likely ask about his jobs and may ask for a letter from his current employer that he is still employed. It is really upto cbp officer if he wants to let him in

good luck

Edited September 1, 2017 by cd37

[chvvkc 0]

Thanks for the response @cd37. He didn't have a project from June 2016 to Dec 2016 and neither does he have paychecks for that period. USCIS is requesting for paychecks from company A through the current RFE. His current employer i.e. company B is ready to get him all the necessary documents to make his travel hassle free but he still had a question if there would be any issues at the Port of entry. Also, most importantly, he's more concerned about the new transfer that company X (which is currently offering a full time position) would initiate. What are the issues that might come up and how can we deal with them?

[cd37 229]

ok so basically this is a case of consultancy companies who file for h1b and dont run paycheck....a project based thing. if you dont provide evidence of paychecks then they will reject the petition as it is a violation of h1b terms not to have continous paycheck. Now when he returns it is really upto cbp officer and officer will have all the access to his file at port of entry so he can definitely ask for anything he wants. Even if third company files for h1b for him uscis can a d will ask for previous paychecks again. he should consult a good immigration lawyer

Edited September 1, 2017 by cd37