H1b transfer

[harish shankaran]

Hello

If my H1B transfer (from another company) gets rejected, can i continue to work on the current H1B with my current employer (which is active). 

[Centepede]

Yes, Absolutely you can. Your current H1B with Current employer is not affected by transfer acceptance or Rejection.

 

[krishna 123 123]

Hi Centepede

there is a new rule that if  some ones visa extension or amendment is denied there will be a chance of deportation under the new rule of USCIS.

So does the case of Hari will be unlawfully present in USA?

I am asking this beecause a new company has applied for my transfer and got RFE now i have current via active till 2019 Mar.

07/07/2018: USCIS Significant Policy Change for Issuance of "Notice To Appear" for DHS Enforcement Actions

(4) Cases in which, "upon the denial" of an application or petition, an applicant is "unlawfully present" in the United States."

 

[Centepede]

13 hours ago, krishna 123 123 said:

Hi Centepede

there is a new rule that if  some ones visa extension or amendment is denied there will be a chance of deportation under the new rule of USCIS.

So does the case of Hari will be unlawfully present in USA?

I am asking this beecause a new company has applied for my transfer and got RFE now i have current via active till 2019 Mar.

07/07/2018: USCIS Significant Policy Change for Issuance of "Notice To Appear" for DHS Enforcement Actions

(4) Cases in which, "upon the denial" of an application or petition, an applicant is "unlawfully present" in the United States."

 

Based on Hari's post it seems he currently holds H1 visa from Employer 1 and transferring to Employer 2. If Employer 2 petition is rejected he still holds the valid Visa from Employer 1 which makes his presence lawful.

In your case , you have a current visa valid till Mar 2019 and Current transfer petition is under RFE, your presence remains lawful as well.

The rule you sighted as (4) applies to condition where your current status on "any visa" category is "Expired" AND extension is not filed/approved or IS Rejected OR Transfer petition to any other status is not filed/approved or IS Rejected. Like it states "Upon the denial" is an important use of verbiage.

[Chelsea]

whats the reason of h1 transfer denial ?

[krishna 123 123]

Hi Centepede

My visa got approved now .Thanks for the reply for my quires before.

One more question is, The new employer forwarded a mail which he received from USCIS conforming  the approval.

It has a dates as follows on the mail can you please let me know if these are dates i will have on my new I797.

Starting Validity Date: 07/25/2018

Ending Validity Date: 04/30/2021

[Chelsea]

14 hours ago, krishna 123 123 said:

Hi Centepede

My visa got approved now .Thanks for the reply for my quires before.

One more question is, The new employer forwarded a mail which he received from USCIS conforming  the approval.

It has a dates as follows on the mail can you please let me know if these are dates i will have on my new I797.

Starting Validity Date: 07/25/2018

Ending Validity Date: 04/30/2021

yes these are the dates should be on i797.

congrats for approved petition.