H1B denied - options please

[srocking]

Hello,

I ported my H1B from employer A to employer B on Oct, 2016 and started working with employer B after receiving the receipt.

Last week (end of Aug 2017), I got to know that my H1B transfer got denied. My I797 and I94 from employer A expires in 2019.  I researched about my options but had some questions around them.  Can someone provide me some clarity here?

a) appeal or MTR the H1B denial based on denial reason.  But the processing time for MTR / Appeal can take more than 6 mo.  Can I start working after we submit the appeal request to AAO?

b) have employer B to file a new petition for same / different role.  Since Premium processing for H1B's are not allowed now, it might take more than 2mo.  Can I continue to work after my employer has filed new petition (after receiving the receipt, like I did last year) ?

c) go back to employer A.  Is this really an option? Do I have to go out of US and re-enter with visa stamp of employer A?

d) find a new job and have employer file new petition.  In this option, do I need to wait for approval or just join with receipt?

Appreciate your response.

[JoeF]

Employer A was required to inform USCIS that you no longer work there. If you want to go back there, the employer would have to file a new H1.

An MTR doesn't allow you to work.

A new employer can file an H1, but you'd have to wait for approval before starting there.

So, the only option is to leave the country, and wait for approval of a new H1 there.

This is the well-known risk of working the the receipt notice, in particular if the employer is a consulting company.

[srocking]

Thanks for the response JoeF.

Yes.  In my case Employer A did not revoke my H1B even after 10 months from my termination.

One more question.  I joined Employer B with just receipt.  Can't I join a different employer just with receipt too as Employer A has not revoked my H1B?

 

[JoeF]

If the employer didn't inform USCIS, they have to pay you back pay for the last 10 months. No sane employer would wait to inform USCIS.

[srocking]

one more question.  How long can I stay in US after receiving the denial?  Will 60 day grace period work for me?

[28.paramita]

Just curious - why was the transfer denied? I am looking for a switch with similar situation for a FT position - so want to make an informed decision.

[JoeF]

On 9/7/2017 at 11:16 AM, srocking said:

one more question.  How long can I stay in US after receiving the denial?  Will 60 day grace period work for me?

The notice will say that. I usually is 30 days.