If you receive an H-1B Transfer RFE, don’t panic. An RFE is merely just a request for additional evidence before an H-1B approval or denial.
In most cases, the USCIS requests things like:
A. Proof of educational degrees and qualifications for the position
B. Tangible evidence of past work experience
C. Documentation from the employer showing the ability to pay the employee
There are four main types of RFEs including:
A. Proof of an employer/employee relationship:
Additional information may be necessary to prove that an authentic employer/employee relationship exists. For H1B Visa Process Visit UT Evaluators
B. Evaluation of education and degrees:
These may be issued to individuals who have degrees from outside of the U.S. The USCIS may examine the institution or university abroad to see how it compares to the U.S. degree requirements.
C. Determination of a specialty occupation:
In order for an H-1B visa to be approved, you must demonstrate qualification in a “specialty occupation”. However, to qualify as such, you must meet the minimum requirements, typically a bachelor’s degree or higher in a correlating field.
D. Financial documents from new businesses:
These are typically issued to businesses and companies in operation for fewer than 3 years or who haven’t filed an H-1B prior. Read H-1B Transfer RFE – The Complete Guide to learn more about this process and how an H-1B transfer lawyer can assist you.
Summary of Important Points
A. Technically, once you stop working for the H-1B employer, you are no longer in H-1B status. You should apply as quickly as possible for new H-1B and premium processing is a good choice. Keep in mind that USCIS may approve the new H-1B but may not approve the extension of status since you are no longer in H-1B status during that gap. If USCIS approves the new H-1B and not the extension of status, you will have to leave the US and get your new visa stamped at the Consulate before re-entering the U.S. in H-1B status. H1B Visa Process visit here
B. If you don’t have paystubs to prove employment status USCIS could consider this as being “out of status” during your H-1B. USCIS may approve the new petition but could ask you to go and get your H-1B stamped at the Consulate.
C. The soonest your are able to start working is when USCIS receives your I-129 H-B transfer petition although most people start working for the new employer as soon as the new petition is filed. You should wait until you have the receipt in hand from USCIS. If you have any additional questions regarding H-1B transfer premium processing or any other procedure, it’s best to contact an H-1B visa attorney.