Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
rajeshkumar.r@gmail.com

H1B Transfer Denied, Previous Employer revoked approval of old petition

Recommended Posts

Company A : I got my I797 Approved till 19 Apr 2019 (I94 valid) from Company A. 

Company B : I left Company A on 18 Jun 2019 and Company B filed for H1 Transfer / Extension. I started working with receipt number. Received RFE on Specialty Occupation and responded to RFE on 22 Nov 2019. Received Denial notice on Nov 30th (letter received only on Dec 6th). Company B is planning to submit a Administrator review on the case this week. 

Meanwhile when i checked the USCIS website i see that prev company has revoked the previous approval as on Dec 7th 2019. 

Company C : A new Company C is planning to file H1B Transfer on 17 Dec 2019  (LCA in progress). The company is telling m that i can start work on receipt number. 

In this scenario i have a few questions. 

 

1. Can i stay in the US now ? Do i have the 60 Day grace period still ? Should i leave the country ?

2. Can i work with just the receipt number from Company C, or do i need to wait till the approval ?

3. Based on #1, how soon should i exit the country ?

4. My spouses company is filing a O1 visa for her imm, i f I file a O3 (dependent) along with that can i legally stay in the US ?

 

Im getting multiple different answers from different attorneys that i spoke. Please could you provide pointers to the legal aspects as well, appreciate your response. 

Share this post


Link to post

60 day grace period is argumentative, some attorneys say it start from Company B joining date, some says 60 days from the denial notice.  At this time Company A revoke is not matter. most of officers know Specialty Occupation memo is not really legal, just like Donald T. Just follow what company C says, max what happens is you wont get i-94 with approval, that's it.

Share this post


Link to post
11 hours ago, Leavemessageh1b said:

Company A's petition revoked and company B's petition is denied, imo if you want to work for company C, you will need an approval. 

 

Is this clearly mentioned in the immigration laws ? because like i said before im getting different answers. 

Share this post


Link to post
5 hours ago, rajeshkumar.r@gmail.com said:

Is this clearly mentioned in the immigration laws ? because like i said before im getting different answers. 

A revoked , B denied  and there's nothing for C to transfer... you can keep looking till you get the answer of your liking or "hire" an experienced immigration attorney to make you understand how it works. 

Share this post


Link to post
8 hours ago, rajeshkumar.r@gmail.com said:

Is this clearly mentioned in the immigration laws ? because like i said before im getting different answers. 

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

"What are an H-1B employer's obligations with respect to a nonimmigrant worker whose employment ends (e.g. termination, resignation, or move to another employer) prior to the end of the LCA validity period?

Under the Department's regulations, the employer is prohibited from charging a nonimmigrant worker a penalty fee outright or in the form of a deduction for ceasing employment early. However, in some circumstances, the employer may contract with the worker to receive liquidated damages in the event of a premature termination on the part of the worker. Employers should refer to DHS regulations for additional obligations.

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."

In particular, "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."

Share this post


Link to post

As per multiple consultations with attorneys i have decided to move into O3 status as dependent. Its the most legal and safest way to maintain status. Thanks for all inputs. 

Wishing for,

1. Premium processing restarts by Feb 2019. 

2. Current denial Administrative review goes thru. 

3. EB1 Priority dates for India becomes current. 

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×