H1B Transfer got rejected

[rejectedh1]

hello,

my current company applied for my H1B transfer company X. Recently got an RFE. After sending requested information transfer was denied. Now they are going to Appeal the case.What is the possibility of approving after the appeal? In the mean time my employer asked me to leave the country. Is there a way i can still stay here? what other options do I have?

Please help.

[omshiv]

what was the RFE about...and what Visa are you in currently?

[rahul412]

Now they are going to Appeal the case.What is the possibility of approving after the appeal? In the mean time my employer asked me to leave the country. Is there a way i can still stay here? what other options do I have?

Please help.

what's the RFE about?? How did your employer responded??

what is your current status??

[rejectedh1]

USCIS requested for employee, employer relationship. my company sent all that information. currently i do not have any visa since my h1b rejected.

[omshiv]

USCIS requested for employee, employer relationship. my company sent all that information. currently i do not have any visa since my h1b rejected.

thats terrible...sorry to hear that.

your employer is correct. you have to leave the country immediately...not sure if you can do a COS to B1/B2 or not..but better call an attorney today itself to find out.

[sk.january]

USCIS requested for employee, employer relationship. my company sent all that information. currently i do not have any visa since my h1b rejected.

What was the status with previous employer X.

If you still have H1B/ or L1 from employer X, you can go back to them if that is not with-drawn and if it is valid.

The transfer doesn't void your previous valid authorization at least as the new I-129 was denied

[rahul412]

What was the status with previous employer X.

whatever the status it is, OP is not more working with X.

OP should have joined new employer after H1 was approved.

[omshiv]

OP should have joined new employer after H1 was approved.

but the H1 was never Approved...it went to RFE and then Denied...so unless OP does a COS, he has to leave the Country.

[rejectedh1]

is it possible to apply for new H1B from my current employer? since I already have H1B until 2015 (transfer rejected though). does it fall under the cap count?

[rejectedh1]

yes, im returning to india next week.

[sk.january]

If the beneficiary's previous employer did not withdraw his work authorization (H1) and if he has an I-94 that is un-expired he can still be in status. He should start working with previous employer to get back into status, if he doesn't then he falls out of status. He cannot work with the new employer and their petition was denied.

whatever the status it is, OP is not more working with X.

OP should have joined new employer after H1 was approved.

In lieu of stringent H1B case reviews, YES!!

But AC21 provision, allows him to work with the new employer once they receive the receipt #. Quote from USCIS on I129 info.:

1. H-1B

Under the American Competitiveness Act in the Twenty-First Century (AC-21), an employee currently in H-1B status may begin working for a new employer as soon as the new employer files a Form I-129 petition for the employee, if certain requirements are met. If the employee is not currently in H-1B status, he or she cannot change employers or begin working until USCIS approves the Form I-129 petition.

[rahul412]

yes, im returning to india next week.

What is your current status??

I guess you should leave ASAP.

[rahul412]

is it possible to apply for new H1B from my current employer? since I already have H1B until 2015 (transfer rejected though). does it fall under the cap count?

Yes. That will be cap exempt.

[rahul412]

If the beneficiary's previous employer did not withdraw his work authorization (H1) and if he has an I-94 that is un-expired he can still be in status. He should start working with previous employer to get back into status, if he doesn't then he falls out of status. He cannot work with the new employer and their petition was denied.

As far as my knowledge is concerned, once the employee stops working for a employer, then that H1 is void by default since EE relationship doesn't exists. So, if that employee wants to join previous employer then I think, he/she needs new H1. Correct me if I am wrong.

If OP can move back to his old employer, then what will be his status during his work with new employer?

[sk.january]

is it possible to apply for new H1B from my current employer? since I already have H1B until 2015 (transfer rejected though). does it fall under the cap count?

If you still have the H1B from previous employer (not-withdrawn) and you have the I-94 with 2015 validity you can go back to previous employer.

You can still try filing a new H1 with COS instead of MTR with new employer. Until the MTR is open your new-employer cannot file another case as USCIS will not adjudicate a new petition for you with the same employer and position offered,

[rahul412]

If the beneficiary's previous employer did not withdraw his work authorization (H1) and if he has an I-94 that is un-expired he can still be in status. He should start working with previous employer to get back into status, if he doesn't then he falls out of status. He cannot work with the new employer and their petition was denied.

[rejectedh1]

What is your current status??

I guess you should leave ASAP.

next thursday is ASAP.. i guess.

[rejectedh1]

If you still have the H1B from previous employer (not-withdrawn) and you have the I-94 with 2015 validity you can go back to previous employer.

You can still try filing a new H1 with COS instead of MTR with new employer. Until the MTR is open your new-employer cannot file another case as USCIS will not adjudicate a new petition for you with the same employer and position offered,

yes, my employer is not going to appeal the case since it is taking more than six months to process yet no guarantee, going to file a new H1 instead.

[rejectedh1]

i cannot go back to my old employer, since they closed business operations back in january.