H1B transfer Request Rejected due to Specialty Occupation and what are the options I have now

[Chetty01]

H1B transfer Request Rejected due to Specialty Occupation and what are the options I have now

 

Valid Petition in Company A till Jan 2020 | I-94 Valid till Jan 2020 | Resigned Company A on Feb 15, 2018

 

Moved to Company B on Feb 18, 2018 | Received RFE on 9th Feb, 2018 | Responded to USCIS on 16th April. Received Denial Notice( Due to Specialty Occupation – Test Consultant 2) on May 8 (but Portal still not updated).

 

Previous Organization(Company A) is interested in taking me back.

              1. To the same project and same location and same client or

              2. To different project, different client and different location

 

I have below Questions

 

1. How many days I can stay in USA ? As Company B is asking me to leave immediately to India within May 18, 2018.

2. If I am joining To the same project and same location and same client - Do I need to raise amendment ? OR I can go and join directly to my Company A and start working.

3. If I am joining to different project, different client and different location - Do I need to raise amendment before I can go and work

 

 

[JoeF]

Company A had to inform USCIS when you quit that you no longer work there.. If they want to hire you back they would have to file (and pay for) a new H1 petition. And you can't work while that is pending.

Since it is more than 60 days when you left company A, your H1 grace period is over. A new H1 (like from company A) would only be approved with consular notification. So, you have to leave the country.

It is generally a bad idea nowadays to start working for a new company with the receipt notice. If they want to get you quickly, they can file the H1 with premium processing.

[Chetty01]

1 hour ago, JoeF said:

Company A had to inform USCIS when you quit that you no longer work there.. If they want to hire you back they would have to file (and pay for) a new H1 petition. And you can't work while that is pending.

Since it is more than 60 days when you left company A, your H1 grace period is over. A new H1 (like from company A) would only be approved with consular notification. So, you have to leave the country.

It is generally a bad idea nowadays to start working for a new company with the receipt notice. If they want to get you quickly, they can file the H1 with premium processing.

Thanks for your quick response. What if my Company A did not withdraw my petition and is still active ?

[JoeF]

Then company A would have to pay you even for the time you weren't working there.

https://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#q!96

"Additionally, an H-1B employer is relieved of the responsibility to continue paying the required wage to the nonimmigrant worker throughout the authorized employment period specified on the LCA only if a bona fide termination is effected. A bona fide termination requires that the H-1B employer notify both the nonimmigrant worker and DHS of the termination of employment. Additionally, where the employer has terminated a nonimmigrant worker, the employer must pay for the nonimmigrant's cost of return transportation. Once these conditions are met, the employer will be relieved of that wage payment obligation."

Since no sane company will do that, you can be sure that they informed USCIS.

[oliveeagle]

can you post more about the RFE you received and wht the response was ? 

[Chetty01]

On 5/11/2018 at 0:37 PM, JoeF said:

Then company A would have to pay you even for the time you weren't working there.

https://www.foreignlaborcert.doleta.gov/faqsanswers.cfm#q!96

"Additionally, an H-1B employer is relieved of the responsibility to continue paying the required wage to the nonimmigrant worker throughout the authorized employment period specified on the LCA only if a bona fide termination is effected. A bona fide termination requires that the H-1B employer notify both the nonimmigrant worker and DHS of the termination of employment. Additionally, where the employer has terminated a nonimmigrant worker, the employer must pay for the nonimmigrant's cost of return transportation. Once these conditions are met, the employer will be relieved of that wage payment obligation."

Since no sane company will do that, you can be sure that they informed USCIS.

Thanks for the clarification.

i have another query.  Can I file visa for Company A  for consular /non cap petition and travel back to india with company B. And once  I receive the approval notice from company A ,and then travel for company A again with visa stamped?

[Chetty01]

6 hours ago, oliveeagle said:

can you post more about the RFE you received and wht the response was ? 

My company doesn’t disclose the exact information on RFE.

I have asked to submit  position description letter, experience letter for all my employers,supervisor letter,client letter.

 

After denial ,my immigration team mentioned just LCA ROLE (Test consultant 2) is not a speciality occupation 

[JoeF]

On 5/13/2018 at 8:04 PM, Chetty01 said:

Thanks for the clarification.

i have another query.  Can I file visa for Company A  for consular /non cap petition and travel back to india with company B. And once  I receive the approval notice from company A ,and then travel for company A again with visa stamped?

Only if company A has a new, approved H1 petition, or if they pay you for all the time you didn't work there until you leave the country. The rules don't change just because you travel abroad.

[neek]

Hi,

 

My also denied due to the same. Can you please share me ur number or email id.I can call you please