H1B Transfer Denied. Next steps & Options


moganakumaran

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hi,
I have started working with company B on receipt and got an RFE, company submitted required docs .USCIS personal did not look into theSOW and says its not attached.They opened it for review and CSC PP says it takes more than 30 days and Company B is asking me to leave country , they are going to refile.
Meanwhile company A's visa is not revoked and will I be able to join/work for company A ( my prev company) legally ?. I have my I94 valid till jun 2017.

With lot of uncertainties on the immigration process is it good to go back to India and comeback after refiling?

Please give your opinion.
 

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Company A was required to inform USCIS that you no longer work there. If they didn't do that, it means that you are still an employee there from DOL's view, and you have to get paid by company A.

Every company with even the slightest bit of clue will have gotten the H1 revoked. No sane company would risk having to pay people who don't work there.

Company A would have to file a new H1 petition for you. Or are you trying to tell us that company A violates the laws???

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