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prasad0121

H1B Transfer Denial

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Hi All,

I got my h1 transfer denial update showing  in the USICS website on 05/19/2017 and this was applied in 08/2016 before my i94 gets expired and i am yet too receive the denial notice to my employer for the reason.  case filing date was 08/25/2016 and i got an RFE after pushing the case for premium processing on 03/24/2017 and eventually denied after responding the Employee Employer relation ship RFE. I am working at some client location  on C2C basis.

 

my questions:

1. can i apply for a new H1B by the same employer/ different employer?

2. mean while can i challenge the decision by opening an existing petition? if so can i stay back and continue working at the client location?

3. my i94 expired so can i still stay back and find another employer who can sponser a new H1 and continue working on the receipt?

4. I heard there is a 60 days rule after you receive a denial letter to leave the country in this case does the rule apply?

5. am i still eligible for the CAP exemption so can i find a new employer who can sponser new H1?

6. Can i my client sponser a new H1B ?

Appreciate your quick response.

 

Edited by prasad0121

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What to Do After Denial

If your petition for H1B transfer is denied, there are several steps that can be taken to go around this depending on the reason for the denial:

  • Your employer can file a different I-129 petition on your behalf. In order to find supporting evidence to subvert the previous transfer denial, it is best to seek the counsel of a qualified immigration attorney.
  • If your transfer petition was denied because of improper documentation or a payment problem, you may be able to refile and seek approval provided that the mistake has been fixed.
  • If your employer will not file another petition on your behalf, you may want to consider seeking an employer who will file. Fortunately, the Federal Register’s final rule gives H1B holders 60 days following the end of their employment to find another sponsor or transfer their status

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On 5/21/2017 at 4:34 PM, balajimcat said:

What to Do After Denial

If your petition for H1B transfer is denied, there are several steps that can be taken to go around this depending on the reason for the denial:

  • Your employer can file a different I-129 petition on your behalf. In order to find supporting evidence to subvert the previous transfer denial, it is best to seek the counsel of a qualified immigration attorney.
  • If your transfer petition was denied because of improper documentation or a payment problem, you may be able to refile and seek approval provided that the mistake has been fixed.
  • If your employer will not file another petition on your behalf, you may want to consider seeking an employer who will file. Fortunately, the Federal Register’s final rule gives H1B holders 60 days following the end of their employment to find another sponsor or transfer their status

Thanks balaji. 

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1. Company A filed an H1B and got approved. Traveled to the USA on Company A H1B in June 2016.

2. In the USA, Company B filed H1B transfer in July 2016(regular process). 

3. With the receipt number, I started working with a client for at least 8 months.

4. In the month of Nov 2016, I got an RFE which they responded(Company B) in Feb 2017.

5. In mid of March 2017, I moved a new client from the same employer B and started working as usual. 

6. 8th May 2017, My H1B transfer has been denied from the employer B due to one of the improper in-house project documentation.

Note :

1. Still, Company A H1B not revoked and it still valid until 23rd May 2018 and I-94 Valid Upto 2nd June 2018.


My question here is:

1.  Now Employer C is filing my H1B. Is this valid scenario and can I stay here legally and work with employer C receipt number?

2.  Is the new 60 days grace period rule apply for my case.

3.  My spouse having valid H1B and she is working. Now can I eligible to change my H1 to H4 without traveling to INDIA.
4.  My daughter H4 is on my H1B. Can we change my daughter H4 from my H1B to my spouse H1B without traveling to INDIA.

Edited by srme
added one more question

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