H1b Transfer Denial

[murthy557]

Hello All,

I have a question regarding H1B transfer.

When am with company A and Company B has applied for a transfer(assuming company A did nt. withdraw the petition) what will be my status or H1B status when the transfer is denied to company B.

[Chitown01]

• Company B applies for transfer, you continue working with A till you receive a decision, say the decision is denied, you are still in status and good.
  
• Company B applies for transfer, you port (AC21) to company B with receipt number and you receive the decision that is denied, you are out of status from the day the petition was denied. since you already left company A and company B's petition was denied.
  

Hope this helps.

[NeedH1BHelp]

Please help

I came here in US on Oct2011 and worked for Company A till Nov 2011, as company A terminated me on end of Nov-2011 and did not pay me for Oct and Nov2011.

I got another company B and end client project in Dec2011, Company B started H1B transfer on Dec end. RFE came immediately(RFE for paystubs and employer-employee relationship) and responded to RFE in Feb2012 (with Paystubs and SOW between the vendor and end client). Denial has happened on H1B transfer in March 2012(Recently 3 days ago), reason of denial was Employer-Vendor-Client Model or relationship not buildup(I asked for denial copy, however, employer refuse to send me the copy of denial). Company B says as your visa transfer got rejected, you can not stay in US. You will have to go back to your home country. However, they are ready to appeal on denial, but we are not sure how long it will take on the decision. End client has given the letter on their letter head for appeal on denial.

Now company C is willing to transfer my H1B on premium processing, Company C say, you do not need to go back to your home country.

My I-94 and visa stamping both are valid till April - 2013. Company A is refused to take me back.

Query:

1. Can I stay here in US till H1B transfer go through with company C (probably till April 1st week)