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harry333

H1B Transfer Denial- Options available

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Hello,

 

I have applied for a H1 Transfer from Employer A to Employer B last month and got denied.

 

Lawyer from employer B mentioned i can live in US until my I-94 expiry date which is in 2016.

 

Reason- Location documents were not good enough (I work remote and my Employer B messed up the documents, as what he mentioned).

 

Employer B has revoked my H1.

 

Now i have reapplied for transfer through consular processing and got an RFE again (Yet to know the reason).

 

I am now not completely sure it would get approved. I am looking for further options.

 

1. Can i apply for H4 while staying in US and how long does it take?

3. Can we Initiate a H4 while H1 is still pending in approval or RFE state?

2. Can i apply for H1 Transfer again with another employer?

 

Thank you in advance for your help.

 

 

 

 

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If you are not longer working with employer A then you are out of status.

1. You can try but it will be rejected as you are currently out of status. 3 to 4 plus months for a decision.

2. Do not complicate the situation.

3. Yes, but if approved I797 will not have I94.

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No, you can not live in the US until the I-94 expires.

You are out of status now.

Since you are out of status, any COS would get denied. You will have to go abroad, get an H4 visa, and enter with that.

Another H1 transfer would also not have COS.

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If you are not longer working with employer A then you are out of status.

1. You can try but it will be rejected as you are currently out of status. 3 to 4 plus months for a decision.

2. Do not complicate the situation.

3. Yes, but if approved I797 will not have I94.

 

I am not out of status at this point of time since my case is still pending. 

 

1. Again, i am NOT out of status.

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No, you can not live in the US until the I-94 expires.

You are out of status now.

Since you are out of status, any COS would get denied. You will have to go abroad, get an H4 visa, and enter with that.

Another H1 transfer would also not have COS.

 

As i mentioned in the previous post, i am not out of status at this time. My employer applied fresh H1B through consular processing and that case decision is still pending. 

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I am not out of status at this point of time since my case is still pending. 

 

1. Again, i am NOT out of status.

 

The H1 got denied, so you ARE out of status.

 

The new H1 does NOT get you back into status.

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I am not out of status at this point of time since my case is still pending. 

 

1. Again, i am NOT out of status.

Your H1B petition was denied and it means you are out of status at the time of new H1B filing.

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The H1 got denied, so you ARE out of status.

 

The new H1 does NOT get you back into status.

The below is the email which i received from the company's immigration team.

 

She will not begin to accrue days in unlawful presence until I-94 expiration date (September 26, 2016) but she is currently not authorized to work for xxxxxx US during that period. 

 

 If we re-file this petition, it will be to request Consular Notification, which means that she would be able to resume her work at xxxxx only AFTER her petition is approved; since she already has a valid H-1B visa in her passport, she won't need to undergo visa stamping. However, she will still need to validate xxxxxx approval by exiting to one of the nearby islands and return same or next day to receive a new I-94 based on her xxxxx approval.

 

The same problem was faced by one the employees in the xxxxxx company and he did the same above. 

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The below is the email which i received from the company's immigration team.

 

She will not begin to accrue days in unlawful presence until I-94 expiration date (September 26, 2016) but she is currently not authorized to work for xxxxxx US during that period. 

 

 If we re-file this petition, it will be to request Consular Notification, which means that she would be able to resume her work at xxxxx only AFTER her petition is approved; since she already has a valid H-1B visa in her passport, she won't need to undergo visa stamping. However, she will still need to validate xxxxxx approval by exiting to one of the nearby islands and return same or next day to receive a new I-94 based on her xxxxx approval.

 

The same problem was faced by one the employees in the xxxxxx company and he did the same above. 

 

There is a difference between "unlawful presence" and being out of status.

You are not unlawfully present, but you ARE out of status.

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The below is the email which i received from the company's immigration team.

 

She will not begin to accrue days in unlawful presence until I-94 expiration date (September 26, 2016) but she is currently not authorized to work for xxxxxx US during that period. 

 

 If we re-file this petition, it will be to request Consular Notification, which means that she would be able to resume her work at xxxxx only AFTER her petition is approved; since she already has a valid H-1B visa in her passport, she won't need to undergo visa stamping. However, she will still need to validate xxxxxx approval by exiting to one of the nearby islands and return same or next day to receive a new I-94 based on her xxxxx approval.

 

The same problem was faced by one the employees in the xxxxxx company and he did the same above. 

If you think that you are not out of status then why are you not allowed to work?? What is your status now??

 

Your I94 is valid only when you are working for that H1 employer. If you are not working then you are out of status.

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The below is the email which i received from the company's immigration team.

 

She will not begin to accrue days in unlawful presence until I-94 expiration date (September 26, 2016) but she is currently not authorized to work for xxxxxx US during that period. 

 

 If we re-file this petition, it will be to request Consular Notification, which means that she would be able to resume her work at xxxxx only AFTER her petition is approved; since she already has a valid H-1B visa in her passport, she won't need to undergo visa stamping. However, she will still need to validate xxxxxx approval by exiting to one of the nearby islands and return same or next day to receive a new I-94 based on her xxxxx approval.

 

The same problem was faced by one the employees in the xxxxxx company and he did the same above. 

That is what JoeF and I have responded. 

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There is a difference between "unlawful presence" and being out of status.

You are not unlawfully present, but you ARE out of status.

My question is not about out of status.

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The reason why the petition is denied first time is because of the client letter. Even for the second petition, the client letter was not included in the documents. The client which i work for is not providing letters to anyone but, we explained about my situation and requested one considering my case as an exception as i already got a denial notice once. Hope they will provide the letter and the case gets approved.

 

If not, i will have to leave to my home country and get an H4 visa. Can anyone let me know how many days i will have to depart the country after the denial notice is received from USCIS. 

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If not, i will have to leave to my home country and get an H4 visa. Can anyone let me know how many days i will have to depart the country after the denial notice is received from USCIS. 

ASAP.

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Hi ,

My H1b transfer was denied from employer A to employer B where I started working on receipt with employer B.

1. Denial fax came on August 13,2018.

2. Denial notice says I can stay legally till my I94 expiry (Aug 26,2018).

3. My employer decided to refile my transfer and did an overnight fedex on Aug 23,2018 ,but my worry is can I stay post I94 in US .

4. My previous employer has revoked my extension on Jul 27,2018.

 

Please advice.

 

 

 

Thanks

 

Edited by srya123

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