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Ankur M

RFE Declined today- Can we do h1b Transfer?

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Hi

Today my 1797 extension got declined, and next week I have an last round of interview with one of the US based firm.As far as I know H1B transfer is nothing else but extension on my H1B visa (Remaining 2years out of 6 years).

I have 1-2 weeks to sell my things and go back from today and I cannot work with my current employer after 2 days.

Question:

1. Can that company initiate H1B transfer when my RFE is declined and I don't have valid I94 too?

2. Is there any problem that company need to face for the H1B transfer for me.

 

Thanks,

Ankur

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1. Yes, they can.

2.Only challenge for you is that, if your i94 is expired already, their H1B approval might not come with i-94 and you will need to go for stamping and come back if approved with consular processing.

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What do you mean by RFE declined? Did you get NOIR or H1 Revoked? Irrespectively, 

1. Can that company initiate H1B transfer when my RFE is declined and I don't have valid I94 too?

We call it "transfer", but it's actually as new petition. Yes you can file as many.  

2. Is there any problem that company need to face for the H1B transfer for me.

Yes. There is a problem. You are technically out of status as of the day of denial. Don't acquire too much un lawful presence as you will attract a Ban on entry. Best is to file another petition. You wont get a I94, but you can exit and reenter with new I-797 and get a new I94 at POE if you have a visa. 

If you don't have a visa then you need to go for stamping. 

 

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