Explanation of 101 (a)(15)(H)(i)(b)

[kumar.apr10]

Please explain this legal term:

H1B visa applied for me by my employer has been denied under section;

101 (a)(15)(H)(i)(b). Please let me know urgently what 101 (a)(15)(H)(i)(b) of the act means as far as denial is concerned and action items that need to be taken care?

[JoeF]

The Immigration and Nationality Act (INA) 101(a)(15) defines the different visa categories. INA 101(a)(15)(H)(i)(b) defines the H-1B.

A denial may list that as the category, but the reason for the denial would be another section of the INA, probably INA 212.

[kumar.apr10]

Thank you for the information.

My current employer is planning to do Motion to Reopen (MTR) the denial petition. My question is, Can I apply for H1B transfer to the new employer with the MTR petition? If so, can anybody please provide the procedure?

[JoeF]

An MTR does not give you any rights.

If this is your first H1, a transfer can not be filed because the H1 isn't approved.

[rahul412]

Thank you for the information.

My current employer is planning to do Motion to Reopen (MTR) the denial petition. My question is, Can I apply for H1B transfer to the new employer with the MTR petition? If so, can anybody please provide the procedure?

No you cannot. For H1 transfer ,you need approved petition.

What's the reason for denial? Without knowing those details ,MTR is waste of time.

[kumar.apr10]

Thank you all for the info.

My petition got denied but my I94 validity is till June 16, 2016. So can I stay in US for couple of weeks with out valid petition as my I94 is still valid?

Please advise.

[rahul412]

Thank you all for the info.

My petition got denied but my I94 validity is till June 16, 2016. So can I stay in US for couple of weeks with out valid petition as my I94 is still valid?

Please advise.

No you cannot. For H1 status you need to have a valid 797 and I94.