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njindia

H1B transfer denied + I140 approved

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Hello everyone, 

Need help with my situation. Would be very helpful if any experts can weigh in. 

My situation:

1. H1-B completed 6 yrs. I-140 approved with PD Mar 2013. Currently in 9th year of h1b

2. Switched to a Employer B (F100 company) on 15th Feb 2019, when premium processing was disabled. Joined on receipt. Employer used approved I140 to request transfer

3. Previous employer - Employer A (large hospital company) - has an active H1B which has not been revoked. 

4. Received RFE from Employer B last week to prove the specialized job requirements. I am working with legal team to draft a response. 

5. I94 valid till August 2019 from Employer A

My questions:

1. If RFE gets denied, do I need to leave the country immidiately or do I get a 60 day grace period? I have I94 active till August. 

2. If RFE gets denied, do I need to leave the country even if USCIS files a new visa petition within a day or two of getting the denial notice?

3. Can employer B file another H1B in parallel to current H1B - this time with corrected job requirements?

4. If RFE gets denied, can i go back to Employer A if its h1b is still active? 

 

Thanks in advance for your responses!! 

 

 

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On 3/26/2019 at 9:01 AM, njindia said:

Hello everyone, 

Need help with my situation. Would be very helpful if any experts can weigh in. 

My situation:

1. H1-B completed 6 yrs. I-140 approved with PD Mar 2013. Currently in 9th year of h1b

2. Switched to a Employer B (F100 company) on 15th Feb 2019, when premium processing was disabled. Joined on receipt. Employer used approved I140 to request transfer

3. Previous employer - Employer A (large hospital company) - has an active H1B which has not been revoked. 

4. Received RFE from Employer B last week to prove the specialized job requirements. I am working with legal team to draft a response. 

5. I94 valid till August 2019 from Employer A

My questions:

1. If RFE gets denied, do I need to leave the country immidiately or do I get a 60 day grace period? I have I94 active till August. 

2. If RFE gets denied, do I need to leave the country even if USCIS files a new visa petition within a day or two of getting the denial notice?

3. Can employer B file another H1B in parallel to current H1B - this time with corrected job requirements?

4. If RFE gets denied, can i go back to Employer A if its h1b is still active? 

 

Thanks in advance for your responses!! 

 

 

"Joined on receipt" - killed your chances of keeping previous H1. Thats gone. Answers below - 

 

1. If RFE gets denied, do I need to leave the country immidiately or do I get a 60 day grace period? I have I94 active till August. 

Immediate. 60 is for job loss / termination. Your case would be denial by CIS

2. If RFE gets denied, do I need to leave the country even if USCIS files a new visa petition within a day or two of getting the denial notice?

Once denial - game over!

3. Can employer B file another H1B in parallel to current H1B - this time with corrected job requirements?

For the same job? No. For another position, Yes. 

4. If RFE gets denied, can i go back to Employer A if its h1b is still active?

Not really. Basic rule of thumb, never join until approved. Stakes too high. The day you joined on receipt, you killed your previous H1. Going back will only accrue illegal employment and potentially a future perm bar from entry based on how long your engage in unlawful employment. 

Hope for an approval, but if denied your only option is to exit the US immediately. Find new H1b employment from outside, go for stamping and move on with your life with lessons learned. Best of luck 

Edited by immijam

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