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  1. #1
    Join Date
    Mar 2008
    Posts
    1

    Default H1B Transfer Gap

    Please help my friend’s H1B Transfer. Her attorney suggested her to interview at American Institute in Taiwan (AIT) without any advices or arguments in both RFE response and AIT interview, and mentioned that it was pretty risky as the AIT officer very likely would deny my friend’s visa request due to her gap of 1 month and 4 days.

    My friend obtained a capped H1B last April. She was laid off on Feb 8, 2008. My friend soon got a job in March and had her attorney file a premium H1B transfer on Mar 12. Days later, an immigration officer called the attorney and inquired my friend's status. The officer mentioned that he received a written notice from my friend's former employer, indicating that her H1B was terminated on Feb 8; however, he could see my friend's last payroll was issued on Mar 24 (my friend did not have it).

    Days later, the attorney received a RFE which is due on Jun 10 requires proof of employment during the gap as well as payrolls of past three months. My friend only has payrolls by Feb. 8 so the attorney suggested to amending this case to be processed in AIT directly. The attorney said H1B had no grace period and denial of H1B extension of stay would decrease the possibility of favorable judgment made by the AIT officer. He disagreed with the 10-Day Memo, Zero Tolerance, and Circumstances Beyond Control.

    How do you say about using the10-Day memo, zero tolerance, and circumstances beyond control to argue in RFE response/AIT interview? How about the reason: my friend planned to use all of her 10-day vacation back to Taiwan before Feb 7, the Chinese New Year, but her boss repeatedly denied her requests and fired her on Feb. 8, as she didn’t want my friend take vacation? Should we amend this case directly in order to raise our chance in AIT?

    Please let me know if you have any ideas or arguments that can help my friend. I look forward to discussing this with you as soon as possible. Thank you in advance.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: H1B Transfer Gap

    If she has an attorney, she should be taking his advice. Strangers on the Internet are not going to be able to do better than a pro.

    If she is convinced he is doing a bad job, she should get a new one.

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