H1B Transfer - Non Premium and joining on Receipt Notice

[mapjikanor]

Hello Everyone,

I have put myself in a bit of bizarre situation and need some help/advice on it. Here's my story -

I am currently with a job with my current employer with H1B valid until 2019 June. My I94 on this existing petition shows valid until 2019 July.
I now have a new offer with another employer with the only problem being USCIS not doing Premium H1 transfers.

My employer wants me to join on Receipt Notice. I want to understand what happens in the worst cases if my transfer is denied some day later after i join them.

1. Do i need to just leave this country once i get denial notice hard copy with no other options left to file new petitions ?
2. If my ex employer( which is my present employer for now with I94 until 2019 July), revokes my H1B, would this also make my I94 expire which as of now is valid until 2019 July ?

3. Say my transfer gets denied and my ex employer has already revoked my current H1B, now in order to file a new transfer petition again(new employer), should my current I94 be valid ?
3. Will i have to just leave to India if transfer gets denied or are there any ways i could continue to work with new employer ( they file a new petition for transfer immediately) ?

 

Please help. Thanks in advance.

[skolla]

3 hours ago, mapjikanor said:

Hello Everyone,

I have put myself in a bit of bizarre situation and need some help/advice on it. Here's my story -

I am currently with a job with my current employer with H1B valid until 2019 June. My I94 on this existing petition shows valid until 2019 July.
I now have a new offer with another employer with the only problem being USCIS not doing Premium H1 transfers.

My employer wants me to join on Receipt Notice. I want to understand what happens in the worst cases if my transfer is denied some day later after i join them.

1. Do i need to just leave this country once i get denial notice hard copy with no other options left to file new petitions ?

==>  Yes you have to leave the country,  If your previous employers revokes the petition.
2. If my ex employer( which is my present employer for now with I94 until 2019 July), revokes my H1B, would this also make my I94 expire which as of now is valid until 2019 July ?

==> Yes.

3. Say my transfer gets denied and my ex employer has already revoked my current H1B, now in order to file a new transfer petition again(new employer), should my current I94 be valid ? 

==>  They have to file new petition  (Consular). 
3. Will i have to just leave to India if transfer gets denied or are there any ways i could continue to work with new employer ( they file a new petition for transfer immediately) ?

==> You have to leave the country. Your employer can file only consular petition(will be approved without i-94)

 

3 hours ago, mapjikanor said:

 

Please help. Thanks in advance.

 

[mapjikanor]

Thank You.

3. Will i have to just leave to India if transfer gets denied or are there any ways i could continue to work with new employer ( they file a new petition for transfer immediately) ?

==> You have to leave the country. Your employer can file only consular petition(will be approved without i-94) 

Won't there be any grace period applicable if previous I94 has expired ? And the new petition that my new employer will file after denial cant be done while i am present in the US ?

[JaiTrump]

Your grace period of 60 days start the day you resign from your current employer. 

[skolla]

16 hours ago, mapjikanor said:

Thank You.

3. Will i have to just leave to India if transfer gets denied or are there any ways i could continue to work with new employer ( they file a new petition for transfer immediately) ?

==> You have to leave the country. Your employer can file only consular petition(will be approved without i-94) 

Won't there be any grace period applicable if previous I94 has expired ? And the new petition that my new employer will file after denial cant be done while i am present in the US ?

==> Once your I-94 expired there won't be any grace period. After denial your stay is going to be illegal.

 

[sunnyp18]

Hi

I have a similar issue

Let's say, if  H1B transfer is denied will they give NTA also along with the denial notice?

[Srimathru]

Say someone apply H1B transfer to 2 companies...that is from EmployerA to EmployerB and EmployerC at the same time..He quit EmployeeA and Join EmployeeB on receipt notice, and if EmployeeB petition is denied can he continue working to EmployeeC as EmployeeC petition still in progress?