Friday, April 24, 2009

H1B Transfer Applicants: Be Vigilant

Friday, April 24, 2009 | , , , ,

There are some reports that applicants pursuing H1B transfers are getting denials and request for evidence (RFE). It is not clear what led to this surge, but it looks like most of the denials were due to undisciplined petitioners or employers who did not pay their employees regularly, thus not complying with LCA regulations. Despite the cases being genuine, the beneficiaries are prone to denial.

Individuals looking to transfer H1B should make sure that their employer is not blacklisted with USCIS/DOL. One should make sure that the company in past and currently abides by the LCA rules and regulations. Time may seem tough at work and one would like to change job for career enhancement, improved pay or other personal reasons, but please avoid changing companies and filing H1B transfer as long as possible, or at least till economy stabilizes.

If one has no choice but to transfer H1B, please make sure that your prospective employer will file your case in Premium Processing. DO NOT START working for them unless and until I-797 approval is received. If for any reason H1B transfer is denied, one can atleast continue working for the current employer.

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