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secsamson

H1-B denied, What options are available

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Hi ,

I'm currently on H4 Visa & staying in US for last 4 years. I applied for H1-B (2013) last year through a consulting company, it went to RFE & now its denied. (I'm waiting to receive the denial decision explanation from the consulting company )

Will I get an exemption for the H1B cap 2014?

Is it possible to transfer the existing petition to another employer? (Correct me if I'm wrong)

Will it be good idea to apply for MTR?

What option do i have now?

Thanks,

Samson

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Will I get an exemption for the H1B cap 2014?

=> You are counted exempted only if you have approved H1b.

Is it possible to transfer the existing petition to another employer? (Correct me if I'm wrong)

=> To transfer you should have at least one approved H1b.

Will it be good idea to apply for MTR?

=> Depends on the reason on the denial, ask to your employer/ attorney.

What option do i have now?

=> I hope you are still on legal H4 status. Find a better employer or think about other visa status.

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Since the H1 was not approved, you have NOT been counted for the quota.

An employer can file a new H1 for you from April 1 on, for a start date of October 1.

And I suggest you avoid consulting companies... As you found out, it is hard to get an H1 through a consulting company nowadays.

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Is it possible to transfer the existing petition to another employer? (Correct me if I'm wrong)

Will it be good idea to apply for MTR?

What option do i have now?

Approved petition will be transferred not the denied petition.

Wait for the denial reason and then think about the MTR

Stay on H4.

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Will I get an exemption for the H1B cap 2014?

  • NO

Is it possible to transfer the existing petition to another employer? (Correct me if I'm wrong)

  • NO

Will it be good idea to apply for MTR?

  • Depends on the reason for denial, if you think it was denied in an error, than YES

What option do i have now?

  • If MTR fails then file another H1 petition, this time making sure the denial reason last time around is corrected.

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In order to be counted against the H-1B cap, an individual has to be the beneficiary of an approved H-1B petition. It would be advisable to speak with an immigration attorney to determine next steps.

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