H1 transfer denied by company immigration team


deepak_gc

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Hi All,

I have been working in USA for more than 10 years on H1 and I am having approved I-140 in EB2 category with my current employer with PD  Jan 2012.

Previously also I had received approved I-140 in EB2 from my previous employer and my current employer was able to use that approved I-140 to transfer h1 visa as well as to file new gc process.  Based on that I have new H1 visa valid till may 2020  (received in june 2017- 3 year extension)

Now I got 2 offers from reputed fortune 500 companies and both company HR agreed on visa transfer/immigration process before making final offer.

But when I started submitting documents for H1 process , Immigration team from both the companies asked HR to reject this offer. in both cases, they didn't provide any valid reason but mentioned that since I am in USA for more than 6 years, it will be risk to start another immigration process. I am really confused as I didn't understand the real reason behind all this since i have all the valid documents and in the past also I have maintained very clean process on immigration.  Can someone help me to find out what could be issue in the visa transfer for my case? Since EB2 dates have not reached to jan 2012 yet, I am not situation to file EAD. So only option for is to do visa transfer if i need another job.

This is very shocking to me since both rejection came in consecutive weeks and I am still not able recover from it.  Now I am confused if I still look for new job since it may not work out well after getting offer. Also I spent almost 2 months to work on these two companies - interview and hiring process and all was going great till last week. I can continue work in my current role but ideally it is blocking if i need to switch to another technology or better roles in different organization.  Has anyone else experienced this kind of problem? Do you think I should directly reach out to immigration team of company through HR and understand the problem behind my visa transfer issue. 

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After inquiring lot of time, recruiter told me that these company has policy by which they are not supposed to hire h1 candidate who has already passed 6 years on his h1, even though candidate has approved I-140 and valid h1 visa.  Hiring manager, recruiter were not aware of this policy.  its very unfortunate for lot Indians who are stuck in EB2 long queue and most of them have already completed 6 years in USA. All those folks wont be able to join these reputed companies , even though they are skillful and they can clear interviews

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