H1 transfer is denied by USCIS and has no status now.


koushikkolisetty

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Hello All,

My H1Bvisa transfer was filed in regular processing, after 3 months we upgraded that to premium, then we got RFE and after evdence submission, on last friday the petition got denied. Not sure of the denial reason yet. My I-94 got already expired in Mar'16. I'm currently working based on the receipt notice status and never been travelled out of the country yet.

My questions are:

1. What are the options do I have now?

2. Can we appeal denial again or reprocess again?

3. What are the pros & cons of doing so?

4. How much time do I have to appeal again or

5. Is it good to change the employer to process the visa again?

Kindly let me know the best possible solutions to get out of this situation smoothly.

Regards

KK.

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What happened to your Existing H1, if that is not revoked, then you are in legal h1 status

 

The old employer by law was required to inform USCIS that the OP no longer works there.

So, it is safe to assume that the old H1 was revoked.

If it wasn't, the old employer may owe the OP back pay even for the time after he quit the job. That's why every employer who has even the slightest clue will inform USCIS in a timely manner.

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Hi Karthik & Joe, thanks for your replies.

My previous visa with employer A has been expired on Mar 31st, 2016 and the I-94 too. Then just before that H1B transfer with employer B has been filed which hot denied now. I have been working on the receipt notice status for all these 4+ months.

Not sure if the employer A has revoked the visa, how can we check that?

Is it illegal to work after the H1B transfer is now denied?

Please reply with your suggestions.

Thanks

Koushik.

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