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kapillaw5@gmail.com

H1B Transfer : Denial applied for MTR

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Company A has sponsored H1B in 2012 got visa for 1 year.Came to US in May 2012 and applied for extension in Nov 2012 before the expiry of first visa got two years extension(valid till Nov 2015).

 

Applied for transfer to company B in Dec 2013 got EAC number.Meanwhile Company A got to know about my transfer and  my H1B was revoked. But company A has revoked old/first I797 number(which got expired) not with the I797(current one) which I got after extension for two years from A valid till Nov 2015.When I check the case status of company A in Uscis I could see the frist I797 as revoked and the second I797(got with extension) as still approved which is valid till Nov 2015.

 

Now my H1B transfer to company B got denied reason Vendor -employer relation. Company B has applied for MTR and the status is pending. 

 

Please kindly advise if I can go back to Company A as I can see the latest I797(got after extension) still shows approved for company A as they have revoked only old/first I797 which was expired and My I94 is valid till Oct 2014.

 

Also I have new offer with Compnay C can I apply for a transfer to company C while I am on MTR with company B? Do I need to apply with I797 of company A and pay stubs of Company B? Please let me know the process.Also what are the possibilites of getting it approved? does the MTR have any impact on new transfer. Appreciate your help

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Looks like you are currently working for B. So you are currently out of status. MTR doesn't provide any legal status.

 

Is A ready to hire you??

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Hi Rahul,

 

Thank you for your reply. Negotiated with A they look positive not yet heard back from them. Please advise me regarding the revoking of old expired petition and not revoking the current one by A which is valid till nov 2015 will enable A to get me back in to status incase if they are willing to take me back? is that possile or do they need to apply for new transfer?

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Hi Rahul,

 

Thank you for your reply. Negotiated with A they look positive not yet heard back from them. Please advise me regarding the revoking of old expired petition and not revoking the current one by A which is valid till nov 2015 will enable A to get me back in to status incase if they are willing to take me back? is that possile or do they need to apply for new transfer?

You have already started working for B and that H1 is gone. That means you are currently out of status.

I am not sure whether A has to file new H1 or not.

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Thanks Rahul for your reply.

 

Guys who are all in the same situation like me has an advise.

 

1. Don't let your current employer know about your H1B transfer(I told my current employer sincerely that I want to move to

company B, so that he would relieve me..in turn he revoked my H1B in less than a week) and I got denial notice for Company B...) you will be in real trouble . Until you get ur new H1B approved please do not take any risk

 

2. If you have done so and you got denial notice for the new H1B then please file the MTR and provide the required documentation for which you were denied.

Have patience and wait for the USCIS to get back to you as long as everything is genuine from your end (Company, Client letters, vendor agreements if any).

 

Only thing is you should stop working . This worked for me an I finally got my H1B approved after 60 days.. hope this helps for you all :) All the Best

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