Can I join my old employer if my h1 transfer gets denied and if my i94 is valid or should they file new petition?

[yashwath.g@gmail.com]

Hi, I had to join my client full time in May on receipt #. Got rfe on job position/roles, premium processing and then got denied yesterday. I've i94 valid till Dec 14. 

1. What are the options I've if my client is not ready to help me in this situation? 

2. Do I've to join my old employer on new petition only or can I join them right away? Old employer is ready whatever decision I take. But this client won't give client letter. 

3. Should I better try for a diff client or a diff employer or both? 

4. If client is ready to file new petition again should I go with them? 

5. Should I ask client to file a Motions to Reopen?

6. If yes, same position, programmer analyst is ok or should I ask for a different position? 

I believe I can stay in US for next 60 days and right now think about the best option available and meantime send my family to India now till it settles down. 

7. Can I plan it this way? 

Old employer is Atlanta based and client is Phoenix. 

8. What are the options if even my next petition gets denied and my i94 is no longer valid? Can I try to re-file a new petition again?

9. Can I try two H1b new petitions thru two diff employers at the same time now?

Thank for your time and support.

[skolla]

6 hours ago, yashwath.g@gmail.com said:

Hi, I had to join my client full time in May on receipt #. Got rfe on job position/roles, premium processing and then got denied yesterday. I've i94 valid till Dec 14. 

1. What are the options I've if my client is not ready to help me in this situation? 

A) You can transfer H1B to new employer or can go back and ask your previous employer

2. Do I've to join my old employer on new petition only or can I join them right away? Old employer is ready whatever decision I take. But this client won't give client letter. 

A) You can rejoin with ur previous employer with rejoining letter if the old petition is not revoked. You don't have to file if you are going to work for same client location.  

3. Should I better try for a diff client or a diff employer or both? 

A) You can try, eligible for 60 day grace period.

4. If client is ready to file new petition again should I go with them? 

A) Yes

5. Should I ask client to file a Motions to Reopen?

A) I don't recommend

6. If yes, same position, programmer analyst is ok or should I ask for a different position? 

A) You can try for Software Developer Job Code if they are ok.

I believe I can stay in US for next 60 days and right now think about the best option available and meantime send my family to India now till it settles down. 

7. Can I plan it this way? 

Old employer is Atlanta based and client is Phoenix. 

8. What are the options if even my next petition gets denied and my i94 is no longer valid? Can I try to re-file a new petition again?

A) you have an option for consular processing.  Shouldn't stay in the country

9. Can I try two H1b new petitions thru two diff employers at the same time now?

 

A) Yes

Thank for your time and support.

 

[JaiTrump]

You are out of status from what I understand from your message, your old employer would have revoked the H1 by law. You need to plan and leave the country ASAP. Please talk to an attorney at the earliest. Any overstay without status is a serious risk for your subsequent petitions.

[JoeF]

The old employer was required by law to inform USCIS that you no longer work there. That means their H1 petition revoked.

If they want to hire you back, they need to file (and pay for) a new H1 petition. It absolutely has to include a client letter. Otherwise they can deny it without RFE.

[Veerucs]

On 9/7/2018 at 2:34 PM, JaiTrump said:

You are out of status from what I understand from your message, your old employer would have revoked the H1 by law. You need to plan and leave the country ASAP. Please talk to an attorney at the earliest. Any overstay without status is a serious risk for your subsequent petitions.

Even though he has valid I-94 from the previous employer he has to leave the Country ASAP ? 

what's validity of an I-94 attached to a H1 petition , which has been revoked by a previous employer ?

[yashwath.g@gmail.com]

On 9/7/2018 at 12:08 PM, JoeF said:

The old employer was required by law to inform USCIS that you no longer work there. That means their H1 petition revoked.

If they want to hire you back, they need to file (and pay for) a new H1 petition. It absolutely has to include a client letter. Otherwise they can deny it without RFE.

Thank you.

My old employer said he didn't revoked. Can I join them now without new h1 petition? Also, my client said they will refile a new h1 petition and also file a MTR(reopen), but waiting for denial reason to confirm so that they can let me know the options. They said they may need 3-4 weeks to file new petition with new LCA and position.

What is the SOC job code you suggest for the new LCA?

Should I ask my old employer to file my extension in premium processing to be on safe side? My client wont provide client letter. 2 years ago it got approved though, we provided the email from client that they wont provide client letter.

Should I get my extension applied before client files a new h1 petition? 

I believe I need not go out of country as my i94 is valid till dec 14. What should I do so that I need not go out of country?

Appreciate your advice and help.

[JoeF]

If the old employer didn't inform USCIS then the employment did not properly end and he would have to pay you for all the time you didn't work there. That is a DOL rule.

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."