H1-B Transfer Denaid

[ChinnuReddy]

My H1 transfer to ABC company got denied last week with two reasons  1. No Employer-Employee rlationship.
2. Position is not Speciality Occupation. My I-94 is valid till Sep-2018. In denail notice they mentioned like
"The beneficiary may remain in the current nonimmigrant status until the expiration date indicated on Form I-94"

Here are my questions

1. Can we file the new petition from the same ABC company? Or do we need to go with other company?
2. Is it legal to work till i get the receipt number or do i need to wait for the approval notice (There is no premium process).
3. Is my employer need to stop the Payroll till i get the receipt number?
4. Is it ok to file second petition with other employee as a sub-vendor with my existing employer.

Please provide your valuable information.
 

[Vips1982]

Sorry to hear about denial. Can you pls update us if it is job code 1131 and what is wage level mentioned in LCA ? Not sure if latest memo of computer programmers at entry level not being considered as not a speciality occupation.

[ChinnuReddy]

17 hours ago, BalaVitta said:

 

1. Can we file the new petition from the same ABC company? Or do we need to go with other company?
2. Is it legal to work till i get the receipt number or do i need to wait for the approval notice (There is no premium process).
3. Is my employer need to stop the Payroll till i get the receipt number?
4. Is it ok to file second petition with other employee as a sub-vendor with my existing employer.

Please provide your valuable information.
 

 

[ChinnuReddy]

17 hours ago, BalaVitta said:

"The beneficiary may remain in the current nonimmigrant status until the expiration date indicated on Form I-94"

Here are my questions

1. Can we file the new petition from the same ABC company? Or do we need to go with other company?
2. Is it legal to work till i get the receipt number or do i need to wait for the approval notice (There is no premium process).
3. Is my employer need to stop the Payroll till i get the receipt number?
4. Is it ok to file second petition with other employee as a sub-vendor with my existing employer.

Please provide your valuable information.
 

 

[JoeF]

Are you still working with your old employer? If yes, then you are in status. If not, then you are out of status.

You can NOT work for the new employer.