Options After H1B Transfer Denial


imiuser2504

Recommended Posts

Hi Friends,

Here is my case

I came to US through MNC(lets say as COMPANY A) on FEB-2013 and continued working for COMPANY A till MAR-2015.At this point i had valid I-94 till 2015 SEP.

From APR 2015, i have joined COMPANY B and my H1B was approved till MAR 2018 with COMPANY B( My H1B approved copy says that my I-94 was extended till MAR 2018). I have worked in Company B till June 2016.

From July 2016, i have joined COMPANY C and they filed for H1B transfer non-premium and i started working for COMPANY C with receipt number. Recently they filed my H1B premium and got RFE asking to provide more details to prove employee-employer relationship. Though My employer is working on providing all the details to USCIS, i'm interested to know what would be my options when H1B gets denied. could someone please answer below queries

1. Can I still move back to COMPANY B once my h1 gets rejected from COMPANY C? if this can be done, could you please guide me with the procedures.

2 .I know moving back to COMPANY B can be done only when my petition from COMPANY B was not withdrawn, can someone confirm how to check if COMPANY B petition still valid. I have checked the status of  COMPANY B sponsored H1B using receipt number at https://egov.uscis.gov/casestatus/landing.do and it still shows that COMPANY B sponsored H1B petition has been approved on JUNE 2015. Can this confirm that petition from COMPANY B still not withdrawn.
 
3. Also, Can i move back to COMPANY B without responding to the RFE of COMPANY C petition or just by withdrawing the COMPANY C petition?
 
4. In this situation , is it safe for me to join new COMPANY D(basically new company) once my h1 gets rejected from COMPANY C? if this can be done, with in how many days my H1 transfer needs to be completed.
 
5. Is it good idea to request COMPANY C to withdraw petition and join COMPANY D to file new petition with old approved h1b petition from COMPANY B?

 
6. When COMPANY D files my H1B transfer, which H1B copy i should be sharing with COMPANY D. Should i share the H1B Approved copy of COMPANY B?

7. I also read in some forums that person should return to INDIA once H1B is rejected. could someone confirm if this applies to me as well. If not , please confirm in which cases person should return to india after h1 rejection.

Appreciate you time and effort on this in advance.

Thanks,
Kumar

Link to comment

Archived

This topic is now archived and is closed to further replies.