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H1b transfer denial - options

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Completed 6 years with employer A in May 2014.

3 yrs ext got approved in June 2014 with validity 7/14 -7/17

Informed on phone to emp A abt resignation 6/4/ 2015

Emp B filed h1 6/18/15 in regular

Added 140 case number on uscis portal, discovered LUD on 140 was 6/8/15

Upgraded to PP 1/6/16

RFE 1/20/16 for 3-yr ext (dont know all details, emp B lawyer said we have everything)

RFE response 2/10/16 (dont know what they responded)

Denied 2/23/16. Wife h4 also denied, but we had filed H4-f1 in october 2015.

Spoke to one of murthy lawyer 2/23, they advised if previous h1b is valid, we can refile in PP requesting amendment and forgiveness for the stay after receiving denial notice.

checked LUD on Emp A 129 which still has approval from 2014, that did not change.

checked all the withdrawn LCA on myvisajobs site of Emp A, the dates do not match with my 7/14 -7/17.

Waiting for Emp B lawyer to contact me today.


1. What options do I have?

2. Is the information of LUD on USCIS site and withdrawn LCA notices on myvisajobs site valid. Is it safe to assume my H1b is still valid from Emp A? (He may wanted me to go back to him?)

3. Can we refile in PP as amendment from Emp B again and get this approved?

4. What are approval chances?

5. Does have to be filed as consular processing or nunc pro tunc?




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