H1 Transfer Denied - Applying for stamping from India

[Shar_LP]

Hello,

 

Earlier this year I changed my job and the H1 transfer was denied by USCIS. I had to return to India immediately. I still had close to 2 years on my H1 pending. 

 

I want to know below for my new case:

 

1) Can any employer file for H1 stamping using my old petition? 

 

2) Is the denial notice required to refile the case?

 

3) What all documents do I need to apply for a new case?

 

Thanks in advance. 

[Denied_H1b]

You should not returned to India. my case was similar to you and I have my stamping valid till 2015 and my H1b transfer got denied on May. I immediately approached a new employer with my project and talked with my vendor to move the PO to the new employer and file a new petition. I got approval with in 1.5 months. you could have at least put a B2 visa for your to retain your legal stay. I stayed without status for 14 days from the day of denial to the day of the new h1b receipt and I got my h1b transfer approved with I-94

 

1. new H1b stamping is subject to CAP now. you will be selected on lottery

2. no. but ask you employer to file the MTR(Motion to reconsider). sometimes it gets approved and you can return to US with the same old employer

3. same old documents for the earlier h1bs

[jairichi]

1. Yes.

2. No. The earlier approval notice is required.

3. Your new employer's attorney will advise you.

[krishna_123456]

Hi 

 

May I know the reason for the Transfer Denial ? Have you got RFE and is it EVC Model ?

[jairichi]

 

 

1. new H1b stamping is subject to CAP now. you will be selected on lottery

Can you tell me why OP is subject to cap when he has 2 more years of H1B left?

[Denied_H1b]

because OP is not filed the MTR(not sure whether he did) and he is back to India. his new employer h1b transfer and I-94 will be for counselor if he apply a new one

[jairichi]

because OP is not filed the MTR(not sure whether he did) and he is back to India. his new employer h1b transfer and I-94 will be for counselor if he apply a new one

Yes, it will be consular processing but OP does not have to go under cap or lottery again (your answer 1 is incorrect).

[Shar_LP]

Hi 

 

May I know the reason for the Transfer Denial ? Have you got RFE and is it EVC Model ?

Thanks for your responses. 

 

My visa transfer was denied because USCIS was not clear of client vendor relationship. The end client did not provide client letter as receive Federal aid. Came to know about this only after the denial!

 

I have joined the same employer in India and they are trying to file apply for stamping at consulate, but the process is slow.

 

That's I was I wanted to know if any other employer can file for similar stamping, without 

visa cap and lottery process.

Based on your responses it looks like any one file my visa

[myh1transfer]

Hi,

What do consular processing means? Do i need to go for Visa interview ? 

[jairichi]

Hi,

What do consular processing means? Do i need to go for Visa interview ? 

If you do not have a valid visa then the answer is yes. But, if you have a valid visa then just cross the border and get a new I94 at POE.

[JoeF]

1. new H1b stamping is subject to CAP now. you will be selected on lottery

 

Sorry, but that's wrong.

The OP did the right thing with returning to his home country.

And a new employer can file an H1 for him at any time, since he hasn't maxed out yet.

[JoeF]

Hi,

What do consular processing means? Do i need to go for Visa interview ? 

 

Consular Processing actually is a term for a Greencard. It shouldn't really be used here, since there is no processing.

 

For a non-immigrant visa like the H1, if you don't have a valid visa in your passport, you need to get a new visa from a US consulate. That is the same procedure for everybody in H1 status who travels abroad or for somebody who is abroad and needs to get a visa.

[myh1transfer]

Thanks for your inputs.

If my h1 transfer is denied then does it affects my h1 visa or just h1 status? I am out of sthe status from the day of denial. So when I go back to home country and while coming back I just need the new approved i797 . My old visa will work till it's validity. Correct?

[jairichi]

Thanks for your inputs.

If my h1 transfer is denied then does it affects my h1 visa or just h1 status? I am out of sthe status from the day of denial. So when I go back to home country and while coming back I just need the new approved i797 . My old visa will work till it's validity. Correct?

Yes, that is correct.

[myh1transfer]

Jairichi,

I have consulted the attorney and he mentioned that you are out of the status from the day when your old h1b revoked and not from the day of denial notice of new h1b petition.

Please confirm.

[myh1transfer]

Jairichi,

Also I am beating told by attorney that you have to appear for interview at visa consulate as your along with your h1b revoke by old employer your visa also no longer valid.

[JoeF]

Jairichi,

I have consulted the attorney and he mentioned that you are out of the status from the day when your old h1b revoked and not from the day of denial notice of new h1b petition.

Please confirm.

 

I suggest finding a better lawyer.

H1 revocation is completely irrelevant and has no bearing on when the person is out of status.

[jairichi]

Jairichi,

I have consulted the attorney and he mentioned that you are out of the status from the day when your old h1b revoked and not from the day of denial notice of new h1b petition.

Please confirm.

If your cap exempt H1B petition with new employer was filed before your last day of work with old employer and now if you get the denial notice then you are out of status from the date you got your denial notice. But, if your cap exempt H1B petition with new employer was filed after you being out of status with old employer for a while then you are actually out of status from the day you stopped working for old employer. Wait for others to confirm.

[jairichi]

Jairichi,

Also I am beating told by attorney that you have to appear for interview at visa consulate as your along with your h1b revoke by old employer your visa also no longer valid.

Visa is always valid unless it is canceled by consulate. An employer can only revoke the petition and this process has no effect on your visa. You will need a valid H1B visa and new I797 to enter US.

[myh1transfer]

jairichi,

Thank you for the clarification. I should confirm the same with attorney one more time. 

 

I have paycheck(payroll) from old employer for month of march. After receiving the receipt number of h1b petition with new employer on 03/31 i sent my resignation to old employer. So i had the transfer receipt number before I resign. Also Old h1b revoked on 04/24. 

 

Technically what is called last day of work? 

[jairichi]

jairichi,

Thank you for the clarification. I should confirm the same with attorney one more time. 

 

I have paycheck(payroll) from old employer for month of march. After receiving the receipt number of h1b petition with new employer on 03/31 i sent my resignation to old employer. So i had the transfer receipt number before I resign. Also Old h1b revoked on 04/24. 

 

Technically what is called last day of work? 

The last day you worked for employer. Date of receiving last pay roll or H1B revocation does not matter.

[myh1transfer]

Guys, I am here with some good news. 

 

My H1B got approved also got the status back with extended i-94. Attorney applied for H1B as Nunc Pro Tunc asking for change of employer(H1B Transfer) and also consider my application in status from the day of denial of earlier petition as the situation was not in beneficiary's control. 

 

I do not have to leave the country and I can start working right away. 

 

Please let me know if any further details required. 

 

Thanks a lot.