H-1B transfer Denied


raghavbi

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Hello,

I was working with Company A until August '2017. (I-94 valid date with this employer petition is Feb'2019)

I transferred to Company B, i got my H-1 B transfer Denied with Company B.

  1. Can I start working again with Company A?
  2. Can I transfer my petition to any other company?

Regards

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  1. Can I start working again with Company A?

       YES, provided Company A has not withdrawn your H1-B petition. If Company A has not withdrawn your H1-B petition, then there is no issue from the immigration perspective. But question is will Company A willing to take you back for various reasons (vacant opening, pas performance issue, etc etc). 

      If Company A has withdrawn your H1-B petition, then you are in open water i.e. without any H1-B (without a status). However, there is nothing to panic. Since your I-94 card has a validity of Feb 2019, you are authorized to stay and find a new employer (you are better off if you can find and file a new H1-B within 60 days from your denial date).

      2. Can I transfer my petition to any other company?

YES. As mentioned above, you MUST file a new H1-B with a new employer within 60 days from the date USCIS denied your case. Your chances of approval are much higher if you go with a new employer, new project and new client. 

Good Luck.

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