H1B Transfer Denial and Refile with same Employer


Srinivasan J

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Hi Team,

Employer A Sponsored a H1B Visa and I-94 Expiry Date is Jun 2019. I have joined a Employer B on Aug 2018 with H1B Transfer Receipt Number(Premium Processing). But H1B Transfer has been denied on Nov 2018. Now, Employer B filed the New H1B Transfer in normal processing since the Premium processing is on hold. 

Note : I have utilized the 36 Months of H1B Visa Period

Can you clarify the following points:

  1. Employer B can File a New H1B Transfer, after the previous one has been rejected.
  2. In worst case scenario, if this new H1B Transfer is also rejected after the i-94 Expiry Date, Will Employer B can File another Transfer, while i am staying US or Employer B can file H1B Transfer after i travel out of US.
  3. If my New H1B is rejected, Will my Out of Status Days will be accumulated from Decision Date of New H1B Transfer or from Nov 2018 (which Previous H1B Rejected) or from my i-94 Expiry Date or from my Resignation Date of Employer A.
  4. I read that, if we stay in US for 180+ Days as out of Status, then there will 3 year ban for entering US again. If i stay for less than 30 days in out of Status will it complicate the situation in future travelling to US or Consular Processing
  5. If the New H1B Transfer is rejected and  i have to travel out of US. And File a H1B from outside of US, from Employer X or B or Z. Will this H1B will be Cap Exempt or needs to be lottery Picked. I have utilized the 36 Months of H1B Visa Period.
  6. If Employer C Files a H1B Transfer with Premium Processing after Feb 2019 and it approved. But the Employer B's H1B Transfer Denied. Is my H1B Transferred by Employer C is valid or Not.

Looking for your responses.

 Thanks.

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