You tear open the envelope, and your stomach drops.
Request for Evidence. The very thing you feared. The RFE for H1B transfer could derail everything you’ve worked for. The job that promised freedom from a toxic workplace… suddenly feels fragile. Your future, your stability, your peace, hanging on a single packet of documents. And just like that, the RFE for H1B transfer becomes more than paperwork. It becomes a threat to your livelihood.

This moment isn’t uncommon. Nearly one-third of H1B transfer petitions get hit with RFEs, leaving skilled professionals frozen between two employers, terrified of making the wrong move.

Most blogs will tell you to “just submit more documents.” They’re wrong. RFEs are not just about missing pay stubs or job duties; they’re a sign that USCIS is questioning the legitimacy of the entire transition.

This article breaks down what truly triggers an RFE, how to respond strategically without losing your work authorization, and how this could be the wake-up call that changes the way you handle your entire immigration journey.

Read Also: Is RFE a Good Sign? A Comprehensive Guide About RFE

What Makes H1B Transfer RFEs Different (And More Stressful)

An RFE for H1B transfer isn’t the same as an RFE for a regular H1B petition. When you’re transferring, you’re already in the US, you’ve probably already started working for your new employer under AC21 portability, and you have more at stake.

The stress comes from three places:

1. You’re Already Working: Most people start their new job while the transfer is pending. That’s legal under portability rules. But when an RFE arrives, you’re suddenly wondering: should I stop working? Can I keep working? What happens if this gets denied?

2. Your Old Employer Is in the Picture: USCIS often contacts your previous employer to verify your status. If that company is uncooperative, slow, or worse, under investigation, your transfer can get complicated fast. You have zero control over this.

3. The Comparison Problem: USCIS will compare your old job to your new one. If the duties, title, or salary are too different, they’ll question whether you maintained status properly or whether the new position truly qualifies as a specialty occupation.

These aren’t problems that happen with initial H1B petitions. They’re unique to transfers, and most immigration content doesn’t address them.

The Real Reasons You Got an RFE for H1B Transfer

Let’s talk about what actually triggers an RFE for H1B transfer. Forget the generic explanations. Here’s what’s really happening:

1. Your New Job Looks Too Different From Your Old One

You were a “Software Engineer” at your old company. Now you’re a “Product Manager” at the new one. To you, it’s career growth. To USCIS, it’s a red flag.

They want to see continuity. If your job duties, required education, or even your salary level changed significantly, USCIS will question whether this is truly a transfer or if you’re trying to change your status without filing the right paperwork.

This is especially common when you move from a big corporation to a startup, or from a technical role to a business role.

2. Wage Level Contradictions

If your new employer filed your LCA at Wage Level 1 (entry level) but your resume shows 5+ years of experience, USCIS will ask questions. They’ll wonder why someone with your background is taking an entry-level position.

The opposite is also true. If you’re filed at Wage Level 3 or 4, but your job description reads like basic tasks, they’ll question if the wage level matches the actual work.

This issue is particularly painful for H1B transfers because USCIS can see your entire work history. They’ll compare your previous LCA wage levels to your current ones and look for inconsistencies.

3. Your Previous Employer Isn’t Responding

Here’s something nobody warns you about: USCIS often reaches out to your former employer during the transfer process to verify that you maintained a valid H1B status while you worked there.

If your old company:

• Is slow to respond
• Provides conflicting information
• Is no longer in business
• Is under USCIS investigation for visa fraud

…your transfer can get stuck, even though you did nothing wrong.

You can’t control this. But it happens more often than you’d think, especially if you’re leaving a consulting firm or staffing company.

4. The Worksite Location Changed Without an Amendment

This is a killer. If you moved to a different worksite while on your previous H1B and your employer didn’t file an amendment with a new LCA, USCIS will claim you fell out of status.

Even a move across town can trigger this if it’s in a different Metropolitan Statistical Area. Many employers don’t file amendments when they should, and you won’t know there’s a problem until you try to transfer.

USCIS is actively looking for this now. If they find a worksite change without an amendment during your transfer review, they’ll question whether you have valid H1B status to transfer at all.

5. Gaps in Your Pay Stubs

Did you take unpaid leave? Were you on the bench between projects? Did your old employer delay your last paycheck?

USCIS wants to see continuous employment. Any gap in your pay stubs, even a short one, can trigger an RFE for H1B transfer, asking you to prove you maintained a valid status during that time.

This is especially tricky for consultants who work on project-based assignments. If there was any time between projects where you weren’t paid, USCIS might see that as unauthorized unemployment.

6. Your New Employer’s Business Doesn’t Look Established

If your new employer is a startup, a small company, or a business with a thin online footprint, USCIS will scrutinize them heavily.

They’ll use the VIBE system (which pulls data from Dun & Bradstreet) to verify basic company information. If there’s a mismatch between what’s in the petition and what VIBE shows, wrong address, wrong business type, or no apparent revenue, you’ll get an RFE.

For people transferring to startups or small companies, this is increasingly common. USCIS wants proof that the company is real, financially stable, and actually needs you.

7. The “Specialty Occupation” Question for Your New Role

Just because your old job was approved as a specialty occupation doesn’t mean your new one will automatically qualify.

If your new role is vague (“Business Analyst,” “Consultant,” “Systems Analyst”), USCIS will ask for detailed evidence that the position requires a bachelor’s degree in a specific field.

This is where many H1B transfers fail. The new employer copies generic job descriptions from online, doesn’t connect the duties to specific degree requirements, and USCIS sees right through it.

What Actually Happens When You Get an RFE for H1B Transfer

Let’s get practical. You received an RFE for an H1B transfer. What now?

Can You Keep Working?

Yes, if you started your new job under portability rules before the RFE was issued, you can generally continue working while you respond to the RFE.

But here’s the anxiety-inducing part: if your transfer is ultimately denied, your work authorization ends immediately. You’ll have accrued unlawful presence from the date of denial, not from the date you started working.

This is why responding to an RFE for H1B transfer correctly is so important. A denial doesn’t just mean you can’t work for the new employer; it can affect your ability to stay in the US at all.

How Much Time Do You Have?

The RFE will state a deadline, typically 30-87 days from the date it was issued (not the date you received it). You need to respond by that exact date. There are no extensions.

If you miss the deadline, USCIS will make a decision based only on what’s already in your file. That usually means denial.

What Evidence Will You Need?

This depends on why you got the RFE, but here’s what’s commonly requested for an RFE for H1B transfer:

For specialty occupation issues:

• Detailed job description with specific daily duties
• Explanation of why a bachelor’s degree in a specific field is required
• Evidence that others in similar roles have degrees (job postings, expert letters, industry standards)
• Your degree and transcripts

For employer-employee relationship questions:

• Contracts with end clients (if you’re being placed at a third-party site)
• Organizational charts showing where you fit
• Evidence that your employer controls your work
• Office lease, business licenses, tax documents

For wage level questions:

• Explanation of why the wage level matches the position
• Detailed breakdown of job responsibilities by complexity
• Evidence of your qualifications and why they fit this level

For status maintenance issues:

• Complete set of pay stubs from your previous employer
• Tax documents (W-2s, 1040s)
• Previous H1B approval notices
• Evidence of any amendments that were filed for worksite changes

For previous employer verification issues:

• Employment verification letter
• Offer letter and employment contract from the previous employer
• Additional pay stubs and tax documents
• Third-party verification of the previous employer is unresponsive

The Uncomfortable Truth About RFE Response Success Rates

After you respond to an RFE for H1B transfer, your approval odds drop to about 80%. That sounds high, but it means 1 in 5 people who get RFEs are denied, even after submitting additional evidence.

Compare that to the overall H1B denial rate of about 2%, and you can see how much riskier your situation becomes once an RFE is issued.

The quality of your response matters enormously. A weak response, one that doesn’t directly address USCIS’s concerns, provides insufficient evidence, or fails to make a persuasive legal argument, will likely result in denial.

The Hidden Cost of H1B Transfer RFEs (Beyond Money and Time)

Let’s talk about what an RFE for H1B transfer actually costs you:

Career Uncertainty

You can’t make long-term plans. Can’t buy a house. Can’t commit to projects that extend beyond your RFE response period. Your life is on hold while you wait for USCIS to decide if you can keep working.

Employer Relationship Strain

Your new employer is now watching this play out. They’re paying legal fees for the RFE response. They’re wondering if you’re worth the hassle. Some employers get cold feet and withdraw the petition entirely.

Mental Exhaustion

The constant checking of case status. The anxiety every time you get mail. The stress of knowing that a bureaucratic decision could derail everything you’ve built in the US.

The Bigger Question Nobody’s Asking

If you’re talented enough that USCIS is questioning whether your job truly requires your qualifications, doesn’t that suggest you might be overqualified for H1B in the first place?

Why Getting an RFE for H1B Transfer Might Be a Wake-Up Call

Here’s something most immigration articles won’t tell you: if you’re dealing with an RFE for H1B transfer, especially one questioning your qualifications or the specialty nature of your occupation, it might be a sign that you’re on the wrong visa.

The H1B was designed for “specialty occupations.” But if you’re a high-performer, someone with exceptional skills, advanced degrees, significant achievements, or entrepreneurial ambitions, you’re probably doing work that goes far beyond what H1B was meant to cover.

Think about it:

• If USCIS is questioning whether your role requires your qualifications, maybe it’s because your qualifications exceed what H1B typically sees
• If you’re moving between companies and roles quickly, maybe it’s because you’re building something bigger than a traditional employee career path
• If your new employer struggled to document why they need you specifically, maybe it’s because your value is in your unique talent, not in filling a standard job opening

Many professionals treat H1B as the default path because it’s what their employer offers. But for people with exceptional abilities, significant achievements, or work that serves a national interest, there are visa categories designed specifically for you, categories where RFEs are less common and approval rates are higher.

The Alternative Path: When Your Talent Deserves a Different Visa

If you’re dealing with repeated H1B complications, transfer RFEs, or constant anxiety about your status, it’s worth asking: Is there a better way?

The O-1 Visa: For People Who’ve Already Proven Themselves

The O-1 visa is for individuals with extraordinary ability in their field. If you have:

• Awards or recognition in your industry
• Published work or patents
• Evidence of a high salary relative to others in your field
• Memberships in exclusive professional associations
• Media coverage of your work

…you might qualify for O-1. Unlike H1B, there’s no lottery, no annual cap, and significantly less scrutiny during the petition process. You’re not trying to prove your job is “special,” you’re proving that you are.

The EB-2 NIW: For People Whose Work Matters Beyond One Employer

The EB-2 National Interest Waiver is a green card category for professionals whose work benefits the United States. If your work has:

• National importance (healthcare, technology, education, economic development)
• Substantial merit
• The potential to advance US interests

…you can petition for yourself. No employer sponsorship required. No labor certification. No waiting for your employer to decide if they want to support your green card.

This is particularly relevant if you’re in AI, healthcare innovation, renewable energy, cybersecurity, or any field where your contributions have a broader impact.

Why This Matters for Your Current RFE

Understanding these alternatives doesn’t mean you abandon your H1B transfer. But it does mean you approach your situation strategically.

Some people respond to their RFE for H1B transfer while simultaneously building a case for O-1 or EB-2 NIW. This gives them:

• A backup plan if the transfer is denied
• A long-term path that doesn’t depend on employer sponsorship
• Freedom from the H1B lottery and transfer complications in the future

How to Respond to Your RFE for H1B Transfer (The Right Way)

If you’re dealing with an RFE for H1B transfer right now, here’s what you need to do:

1. Read the RFE Completely

Don’t skim it. Read every word. USCIS is telling you exactly what they need. Most RFE denials happen because people didn’t actually answer the questions asked.

2. Address Every Single Point

If the RFE lists five concerns, your response needs five clear sections addressing each one. Don’t provide generic evidence and hope USCIS figures it out. Be direct.

3. Organize Your Evidence Logically

Create a table of contents. Label every document. Make it easy for the USCIS officer to find what they need. The easier you make their job, the better your chances.

4. Don’t Just Submit Documents, Explain Them

Include a cover letter that walks through your response point by point. Reference the evidence by exhibit number. Connect the dots. Don’t assume anything is obvious.

5. Get Professional Help If Your Situation Is Complex

If your RFE involves:

• Questions about your previous employer
• Allegations that you fell out of status
• Concerns about the legitimacy of your new employer
• Multiple issues at once

…you need an immigration attorney. The cost of getting it wrong is too high.

6. Consider Your Long-Term Strategy

While responding to your RFE, ask yourself: Do I want to keep dealing with this? Is there a visa category that better fits who I am and what I do?

This is where a consultation with a firm that understands both H1B complications and alternative paths becomes valuable. Not every immigration firm thinks strategically. Most will just respond to your RFE and send you on your way. But the right advisor will help you see the bigger picture.

Where Veripass Comes In

Veripass specializes in helping high-achieving professionals find the right visa path and showing you a better long-term option.

Here’s what makes Veripass different:

We don’t just process paperwork. We review your full profile, achievements, career goals, and tolerance for visa uncertainty to help you determine the best strategy.

We have higher approval rates because we understand what USCIS actually wants to see. Our team includes former USCIS officers who know how these petitions are evaluated from the inside.

We help you build, not just file. If you’re a better fit for O-1 or EB-2 NIW, we can help you strengthen your case with business incorporation, media placements, and strategic documentation that positions you correctly.

We handle RFEs strategically. If you have an RFE for H1B transfer right now, we can help you respond effectively. But we’ll also help you understand whether you should be thinking beyond H1B entirely.

Many of Veripass’s clients came to us while dealing with H1B complications. They were frustrated, anxious, and tired of visa uncertainty. We helped them see that their talent deserved a visa category that respected it, and we helped them get there.

If you’re currently facing an RFE for H1B transfer, we can help you respond to it properly. But we can also show you what’s possible beyond the H1B system. Sometimes the best response to a visa problem is realizing you’ve outgrown the visa category entirely.

The Bottom Line

An RFE for H1B transfer is stressful, but it’s not the end. About 80% of people who respond properly get approved. But “responding properly” means more than just submitting documents; it means understanding what USCIS actually wants to see and providing clear, organized, persuasive evidence.

The bigger question is whether you want to keep playing this game. H1B transfers, RFEs, portability anxiety, employer dependence, it’s exhausting. And if you’re someone with real talent, significant achievements, or work that matters beyond filling a job opening, there are visa categories designed specifically for you.

Getting an RFE for H1B transfer might be frustrating. But it might also be the signal you needed to explore a better path.

Take Action Now

If you’re dealing with an RFE for H1B transfer and need help responding, or if you want to explore whether O-1 or EB-2 NIW makes more sense for your situation, book a consultation with Veripass.

We’ll review your case, explain your options clearly, and help you make a decision based on your actual circumstances, not generic advice.

Your talent deserves a visa strategy that works. Let’s figure out what that looks like for you.

Book Your Consultation with Veripass or join our WhatsApp community and learn how to navigate your visa moves with clarity and confidence.

Don’t let visa uncertainty control your life. Get clear answers, expert guidance, and a path forward that actually makes sense.