H1B Denied - Motion to Reopen

[RRkrishanan]

My H1B petition got picked in lottery and denied. I have opened the Motion to Reopen. Now I got a new job opportunity with the direct client.  So, Now I have following questions with my current situation.

1. Can I move to new employer when my Motion to Reopen is in Process?

2. What is my situation if my Motion to Reopen approves after changing to new employer ?

3. Can I apply for New H1B with new Employer if Motion to Reopen is still Pending by April 2019?

[LeaveMessageH1B]

1. You never had approved petition to start with, so you don't have any work auth doc.

2. - NA-

[RRkrishanan]

13 hours ago, RRkrishanan said:

My H1B petition got picked in lottery and denied. I have opened the Motion to Reopen. Now I got a new job opportunity with the direct client.  So, Now I have following questions with my current situation.

1. Can I move to new employer when my Motion to Reopen is in Process?

2. What is my situation if my Motion to Reopen approves after changing to new employer ?

3. Can I apply for New H1B with new Employer if Motion to Reopen is still Pending by April 2019?

My Current Status is OPT and my OPT is valid till June 2019. H1 Denied and change of status denied because I have submitted only recent pay stubs. @JoeF @Leavemessageh1b 

[RRkrishanan]

Thanks for the response @Leavemessageh1b My Current Status is OPT and my OPT is valid till June 2019. H1 Denied and change of status denied because I have submitted only recent pay stubs.

[JoeF]

You didn't file a motion to reopen, the employer did. The H1 is the employer's petition.

If you leave the employer, the employer has to inform USCIS of that fact, and the H1 would be gone. Informing USCIS is mandatory for the employer.

A new employer can file an H1 for you in next year's quota.

[LeaveMessageH1B]

Aha...you did not mention OPT part earlier.

since you have valid OPT you will be able to continue your work...what does your denial notice says, it can't be just due to recent pay stub?

If they have asked for 'all' paystub, you need to submit all paystub, if reason suggest specialty occupation or employee- employer relationship then good luck with it. Also you have mentioned that you/attorney have opened MTR, looks like attorney already took care of it.

[RRkrishanan]

@Leavemessageh1b @JoeF My denial notice says due to change to status due to unlawful presence for more than 90 days, I have paystubs for from beginning to prove the employment which we submitted in motion.