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One of my friend who works for company A filed for an extension(this is his 1st year in US) in normal processing and it gone to RFE on April end. This RFE response is getting ready and yet to be filed with UCSIS. In the meantime he has filed for a H1 transfer to company B in premium procession which again went to RFE in mid of may but the reason for RFE is strange. I would like to know how to respond to this query as my friend does have both the documents with him currently, 

  • Evidence the RFE connected to the beneficiary’s previous petition has been filed – The RFE received for your petition with company B indicates that the latest petition filed by your previous employer(company A) has received an RFE as well. USCIS is asking for evidence this other RFE has been responded to. This could include confirmation from your previous employer regarding this. 

 OR 

  • Evidence of final action (adjudication) of the beneficiary’s previous petition – The RFE is asking for documentation that your previous petition has been adjudicated and finalized. Evidence for this would include an approval notice.

Please note company A is yet to respond to RFE even after it responds to RFE, it will not provide any such documents to his employee in order to send it to company B in order to respond to RFE. 

Also can you tell me, if he files for another H1-transfer to company C now will he again get an RFE for same reason ?

Thank you,

asked in H1B Visa by (230 points)

1 Answer

+1 vote
USCIS has now included an adjudication step that prevents bypassing of a previously issued RFE. They need evidence that previous company filed a response to RFE#1 (evidence that it was filed and NOT what the content of filing was) and if so, was a ruling issued afterwards. In this case, applicant may argue that the previous RFE is not relevant to the new RFE and that the content of the two objections are very different. OR the applicant may combine objection raised in RFE#1 with the new RFE response. OR the applicant may state that the objections raised are identical and therefore response to second RFE must be upheld. Sorry this is complicated but it is also a new area of H1B challenges faced in 2018.
answered by (76.2k points)
Doing one more H1 transfer
Now employer A has responded to the RFE, and the H1 Transfer with Employer B is still in RFE as employer A is not providing any supporting document for responding to RFE. Now if one more H1 transfer is done to Employer C, what is the probability of not getting the same RFE for Employer C as well



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