Understanding The United States H1-B Transfer RFE

Discovering an H1-B Transfer Request for Evidence (RFE) in your email can be distressing. Although it is often seen as a negative signal from USCIS, it is simply a step to gather more details about the applicant before reaching a final decision. If you have gotten an H1-B transfer RFE, it is strongly advised that you treat it with importance.

This involves making every effort to fill it out and consulting with a licensed and competent immigration lawyer before sending it. Getting an H1-B transfer RFE might feel overwhelming, but it is essential to grasp the typical reasons for them and the best ways to reply.

In this blog post, we will explain the different forms of H1-B transfer RFEs, share tips on how to deal with them, and more. If you have gotten an H1-B transfer RFE, this guide is here to help you figure things out.

What is the H1-B transfer about?

An H1-B visa allows foreign workers to work in the US. You can switch jobs as often as possible if your visa is valid. To do this, you need to ask for an H1-B visa transfer. This isn’t necessary if you are moving to a different role at the same company. Before applying for an H1-B transfer, check that your new job is still considered a specialty.

Your new employer must submit your Labor Condition Application, Form I-129, and the necessary fees. If the USCIS finds missing documents or questions about the evidence, they will issue an RFE. Remember, if you work for two companies, both can request your H1-B transfer.

Also, your H1-B transfer is not limited by the visa cap unless you move from a cap-exempt employer to a cap-subject employer.

What, then, is the H1-B transfer RFE?

An H1-B transfer RFE is a formal demand from the USCIS for more information or documents when moving an H1-B visa from one employer to another. When someone with an H1-B visa wants to switch jobs, the new employer has to submit an H1-B transfer petition. If the USCIS needs more proof to approve the petition, it sends an H1-B transfer RFE.

The H1-B transfer RFE is an opportunity to provide extra documents and explanations. This includes details of the job offer, if the job pays the right wage, and proof of keeping their immigration status.

How the H1-B transfer RFE started

Before 2008, the USCIS rarely asked for more information when processing H1-B transfer applications. However, getting an H1-B transfer has become a much stricter process. When the USCIS sends back an RFE (Request for Evidence), they might want more details from the person applying, getting the visa, or both.

Now, there is a good chance you will get an RFE after applying for an H1-B transfer. What is key to remember is that getting an RFE doesn’t mean you are automatically denied. Usually, the USCIS will use the RFE to get more info like:

–         Proof of the job’s qualifications and education degrees.

–        Evidence of work experience.

–  Provide proof from the employer that they can pay the employee.

If the USCIS can’t figure out what to do with the case because the info is unclear, you will usually:

–         Do their findings.

–         Ask the applicant or beneficiary for more info.

–         Set up meetings with the applicant beneficiary or both.

More info on the H1-B transfer RFE

When USCIS gets an H1-B transfer application, it usually checks it into one of these groups:

1.  The application is complete and ready for approval.

2.  The application is missing, wrong, or inconsistent and is rejected.

3. The application is complete but doesn’t meet the job requirements, so it is denied.

4. The application can’t be approved yet because it lacks evidence or is unclear.

5. The application has issues or questions that are not approvable yet.

If your application is in the fourth or fifth group, you will probably get an H1-B transfer RFE to fix any unclear parts. Some people worry about RFEs, but they are a chance to avoid rejection or denial.

Different forms of H1-B transfer RFE

There are different kinds of H1-B transfer RFE notices, and the one you get depends on what is missing in your application. Here are some of the most common types:

–         Showing you have a job with an employer.

You need to prove you have a job with an employer. This means sharing the original contract with all the important details about your job relationship. If you don’t have the contract, you can give a summary of your work.

–         Showing your degree is the same as a US bachelor’s degree or higher.

You must show that your degree is better than a US bachelor’s degree. This might mean sending in a report from your school about your degree. The National Student Clearinghouse provides this report for free.

–         Showing your degree is in a special field.

You need to send proof of your degree, school records, and anything else that shows you focused on a special field. It would be best to show you have work experience in the same or similar field. If you don’t have work experience, you must explain how your degree can make up for two years of work experience.

–         Showing you meet the job’s education requirements.

This means sending in your school records, degrees, and certifications showing you studied a specialty field. You might also need to send letters discussing your work history to your teachers or bosses.

–         Showing your current employer wants you.

Your current employer has to send in a letter explaining your job, how long you have been there, and other details about your work contract.

–         Showing you work the right number of hours.

The H1-B visa says you must work 40 hours a week, or about 2080 hours a year (about 60 hours a week). If they want proof you are working the right amount of time, you need to send in letters or emails from your bosses or HR about your work schedule and pay stubs that show how many hours you worked each pay period.

The way to reply to an H1-B transfer RFE

If you have gotten an H1-B transfer RFE, there are three main steps to consider:

ü  Full response: Provide all requested documents at once.

ü  Partial response: Offer some documents, letting USCIS decide.

ü  Withdraw application: Choose to stop the process.

It is important to seek professional advice, as the best course of action isn’t always clear. For instance, a partial response might not always lead to rejection. If you can’t find a document, it is better to submit what you have. When responding, follow the H1-B transfer RFE notice’s instructions carefully.

Note the deadline, usually 30 to 90 days, and submit your response on time. Not responding at all could mean your petition is abandoned. Please answer the request fully and avoid partial responses. The H1-B transfer RFE will list the documents needed, and you might have to provide more evidence if the issue is complex.

All documents must be submitted together, and follow-up packages will not be considered. Common documents include birth certificates, marriage licenses, degrees, and passports. Obtaining documents like employer bank statements might be harder, so start gathering evidence early.

The first page of your response should be the original H1-B transfer RFE. Use a cover letter to explain your response and list your documents. Check your response for format and make copies. Also, verify your mailing address, which might differ from previous communications. If you are dealing with an H1-B transfer RFE, get advice on how to proceed.

Useful tips to follow

If you fill out your application and provide all the right documents as best possible, you probably won’t get an H1-B transfer RFE. But if you do, these five tips might help you get it right the first time.

– Think about hiring an immigration lawyer early. They can help you through the process and catch any mistakes you might make. Adding in info that doesn’t apply will just make it more likely that you will get another H1-B transfer RFE.

–         Read your H1-B transfer RFE carefully and make sure you get what it asks. Skimming can lead to mistakes and misunderstandings. Sometimes, it is hard to figure out what you are supposed to do in an H1-B transfer RFE.

–         Respond to the H1-B transfer RFE notice as soon as you can. Remember the deadline, and don’t wait until the last minute.

–         Make sure you reply to the H1-B transfer RFE completely. The USCIS usually doesn’t give you another chance to complete the forms. You get one, and if you mess it up, you are probably out of luck.

Be direct when answering questions. Try to give short, clear answers. An immigration lawyer can help you decide if certain information is relevant to your case.

How to avoid getting an H1-B transfer RFE

If your boss hasn’t turned in the application for moving to a new job yet, there are actions you can take to prevent getting an H1-B transfer RFE. You must do everything possible to ensure your application is complete to avoid the extra time and stress that an H1-B transfer RFE brings. Here are a few steps you can take to lower the risk of getting an H1-B transfer RFE:

–         Provide all the necessary documents to prove a genuine employer-employee relationship.

–         Ensure you include all the key details about the employee’s job responsibilities.

–         Select a skilled immigration lawyer to assist in creating your H1B petition to prevent getting unnecessary H1-B transfer RFEs.

–         Send the original contract to confirm the job offer.

–  Review USCIS’s guidelines for submitting transfer petitions and learn the best practices to follow.

Get help!

Handling an H1-B transfer RFE can be tough, but thoroughly getting ready and having a solid grasp of the usual problems and tactics detailed in this piece can boost your likelihood of a favorable reply. Remember, being ahead of the game is crucial for navigating the intricate H1-B procedure. This is why you should immediately connect with us at Gehi and Associates!