H1B Transfer Denied

[leoking5432]

I applied for an H1b visa transfer from Employer A to Employer B on Sept 10th and started working with Employer B on H1b receipt from Sept 25th. On Oct 10th my previous employer A filed for a withdrawal on my previous petition. I received a RFE on my visa transfer which is very likely to be denied. My i94 is valid till May of 2018. I want to know what options do I have?

1.) Can a new employer apply for a new petition (transfer) for me while the RFE is in the process or this H1b transfer must be approved since previous employer has already filed for withdrawal of my previous petition? After the transfer is denied can any new employer apply for H1b without cap gap?

2.) Do I get a 60 days grace period? If yes when will my grace period starts? 

3.) What is my status now? Am I already out of status?

 

I would heartily appreciate any comments. God Bless!

 

[SambaShiva]

Why do you think it will be denied?

1. A new employer can file a new transfer, but it will be dependent on your current transfer with Emp B. Best option would be to upgrade to premium

2. Not sure about grace period. If your H1B with Emp B is denied, you can still request another transfer with Emp C with consular processing

3. You are not out of status, yet!

Do you have recent pay stubs? Usually new employers ask for most recent pay stubs.

[leoking5432]

Thank you for your reply.

I think it will be denied because they made mistake on my LCA and filed as level 1 even though I make 95k, not sure why would anyone do that. They were unable to defend cases of many of their other employees with same RFE. Mine may be approved but I've given up any hope at this point. 

It is already on premium but they haven't responded to RFE yet. So at this point a new employer wont be able to file a h1b transfer? (I thought this would be possible.) Employer A has filed for withdrawal but it hasn't been revoked yet. I have already given interviews and waiting for a offer letter from a direct client. They also agreed to do an H1 transfer but they dont know about my senario yet.

Since Im still working, I do have recent pay stubs. 

Thanks again.

[em3yes]

My case is similar to this post. However my case is slightly different as below:

I applied for an H1b visa transfer from Employer A to Employer B on June15th and started working with Employer B on H1b receipt from June 28th. On Aug12th my previous employer A filed for a withdrawal on my previous petition. Annd Employer A revoked his previous approved petition.I received a RFE on my visa transfer which is denied Nov27. My i94 is valid till May of 2018. I want to know what options do I have?

 

is that my i94 is still valid ? 

Is my status valid?

Can I transfer to new employer C while doing appeal thru current employer B?  Please suggest.

 

 

[leoking5432]

1 hour ago, em3yes said:

My case is similar to this post. However my case is slightly different as below:

I applied for an H1b visa transfer from Employer A to Employer B on June15th and started working with Employer B on H1b receipt from June 28th. On Aug12th my previous employer A filed for a withdrawal on my previous petition. Annd Employer A revoked his previous approved petition.I received a RFE on my visa transfer which is denied Nov27. My i94 is valid till May of 2018. I want to know what options do I have?

 

is that my i94 is still valid ? 

Is my status valid?

Can I transfer to new employer C while doing appeal thru current employer B?  Please suggest.

 

 

Why is your visa transfer denied? Looks like we are on a same boat here. Im also looking for possible options.

[em3yes]

yet to receive physical copy of letter. Meanwhile can any answer for my queries

[SambaShiva]

21 hours ago, leoking5432 said:

Thank you for your reply.

I think it will be denied because they made mistake on my LCA and filed as level 1 even though I make 95k, not sure why would anyone do that. They were unable to defend cases of many of their other employees with same RFE. Mine may be approved but I've given up any hope at this point. 

It is already on premium but they haven't responded to RFE yet. So at this point a new employer wont be able to file a h1b transfer? (I thought this would be possible.) Employer A has filed for withdrawal but it hasn't been revoked yet. I have already given interviews and waiting for a offer letter from a direct client. They also agreed to do an H1 transfer but they dont know about my senario yet.

Since Im still working, I do have recent pay stubs. 

Thanks again.

What exactly did they ask in RFE?

I see that some people are getting approvals even after wage level 1 RFE

[leoking5432]

20 hours ago, SambaShiva said:

What exactly did they ask in RFE?

I see that some people are getting approvals even after wage level 1 RFE

Level 1 for my area is around 58000 and my employer is paying me 56000 as per LCA. As per their offer letter and pay check they are paying me 95000. USCIS is asking why are you not even paying Level 1 wage. My employer also mentioned two working locations with different wage level and USCIS wants clarification on this as well.

[sonny1977]

Trying to understand here in general. If anyone's pay is around 85k, and considering the wage level 1 is 65000  and wage level 2 is 80k. Why are lawyers filing at wage level 1 and showing salary only at around 65000 and not at wage level 2 which is even higher.. ?

[JoeF]

14 hours ago, sonny1977 said:

Trying to understand here in general. If anyone's pay is around 85k, and considering the wage level 1 is 65000  and wage level 2 is 80k. Why are lawyers filing at wage level 1 and showing salary only at around 65000 and not at wage level 2 which is even higher.. ?

Because then they can pay just the level 1 wage when the person is on bench.

In other words, it is a very shady way to try to get around the H1 rules.

[Stella1234]

On 11/29/2017 at 10:38 AM, leoking5432 said:

I applied for an H1b visa transfer from Employer A to Employer B on Sept 10th and started working with Employer B on H1b receipt from Sept 25th. On Oct 10th my previous employer A filed for a withdrawal on my previous petition. I received a RFE on my visa transfer which is very likely to be denied. My i94 is valid till May of 2018. I want to know what options do I have?

1.) Can a new employer apply for a new petition (transfer) for me while the RFE is in the process or this H1b transfer must be approved since previous employer has already filed for withdrawal of my previous petition? After the transfer is denied can any new employer apply for H1b without cap gap?

2.) Do I get a 60 days grace period? If yes when will my grace period starts? 

3.) What is my status now? Am I already out of status?

 

I would heartily appreciate any comments. God Bless!

 

what is the status of your case?

is it approved ?

i had the same reason and i got denial and applied again with didf wage and role..waiting fir the result.

[leoking5432]

I received second RFE for specialty occupation and for other various reasons. The case was denied yesterday. Previous H1 also already revoked. Not sure what to do now.

[JoeF]

You have to leave the country.

And find a better employer, one who doesn't try to game the system. That kind of stuff doesn't work, as you found out the hard way.

[Jignyasa]

Hi Everyone,

I need help urgently on my case. I have transferred from employer A to employer B on 8th September  2017.I joined with the petition  receipt. On January 16th 2018, I received an RFE for specialty occupation and we replied back to USCIS before 5th April as per the request. On 1st may, my H1b petition has been denied. I am yet to receive the denial notice. My I94 has expired 2 years back. And my previous employer(employer A ) has revoked my previous H1B petition.

The attorney with employee B has communicated that I have 60 days grace period from the day I receive the denial notice.

What are my options now? Any help/advice will be helpful.

[VI001]

60 days grace period from denial notice while you have expired I-94. - Ia m not sure its correct!

You are out of status currently if I-94 is expired and USCIS gave denial decision on your H1-B petition. My suggestion, asked your employer to file a new H1-B petition with different SOC code. If you have an option to move to H4, then request an attorney to file H4 case for you on urgent basis.

Find confirmative response and ensure you don't are not in "out of Status" situation.

[JoeF]

12 hours ago, Jignyasa said:

The attorney with employee B has communicated that I have 60 days grace period from the day I receive the denial notice.

What are my options now? Any help/advice will be helpful.

That is wrong. First, any grace period would start from the time you left the old employer.

And there is no grace period at all if the I-94 is expired.

You need to leave the country.

And find a better employer, one who can afford a good lawyer.

[AS@H1]

Hi Everyone,

I need help urgently on my case. My Case is also the same. I have transferred from employer A to employer B on 21st September  2017.I joined with the petition  receipt. On Feb20 2018, I received an RFE for specialty occupation and we replied back to USCIS before May 11 as per the request. On 25th may, my H1b petition has been denied. I am yet to receive the denial notice. My I94 has expired on April 26, 2018.

The reason for my denial might be that I didn't have the pay stubs for 3 months i.e from July 2017 to september 2017. I took vacation as my project got over and we had baby in May 2017. So I though I will take paternity leave. But I haven't mentioned this to the attorney. So please let me know if we can show the 3 months as Paternity leave and challenge the denial.

Any help is highly appreciated.