H1B DENIED

[krishna8925]

Hi Team, 

I entered into United States  in Jan,2014 on H1B with employer A and my petition was renewed till May,2019.(I have VISA stamping till May,2016) 

I have applied for transfer my H1B to another employer B in May,2017 and received RFE in Aug,2017. My employer responded to RFE on 11/01/2017 and updated case to premium.  

on 11/14/2017, my status is updated to denied and not yet received the reason for denial. Now I have below questions.

1. How many days, I can stay in United States after denial ?

2. My employer B is filing another H1B with same client. Is this valid & safe? or do I need file H1B with new employer C?

3. Can I stay & work in the US, if I receive  receipt for H1B filed by employer B for the second time.

 

[VVKUS]

What was the RFE about?

[kiran436]

You can stay up to 60 days maintaining status if your I-94 is valid till 2019 as per previous approved petition. Employer B can file a new petition for same position and client. There is no risk in that. Are they filing in premium processing? What is the reason for RFE?

[krishna8925]

On 11/16/2017 at 0:28 AM, VVKUS said:

What was the RFE about?

I have asked for below questions.

1. End Client Letter

2. Contract between all the Vendors from Employer to End Client.

3. How your qualification sufficient for this job

4. Organization Chart

5. My status from 2014 When i enter into US

[krishna8925]

On 11/16/2017 at 5:40 AM, kiran436 said:

You can stay up to 60 days maintaining status if your I-94 is valid till 2019 as per previous approved petition. Employer B can file a new petition for same position and client. There is no risk in that. Are they filing in premium processing? What is the reason for RFE?

Thanks for giving me hope. 

Once I receive the declined notice, How can I maintain the status (I have valid I-94 valid till 2019 as per my extended I797)?

My employer B is started working on filing new petition for the same position and same client. But he is planned to submit the new petition after 10 business days of seeing the declined status in USCIS portal as he is filing new LCA. Also, he is planning to file in Premium processing. 

Let's consider the below situation. 

Received the declined notice on 10/18 and employer filed a new petition on 10/25. Can I stay in US for that one week from 10/18-10/25 if I have valid I-94 till 2019? And Can I start working after receiving the H1 filing receipt?

 

 

 

 

[kiran436]

Yes. You can stay since your I-94 is still valid. But you should stop working during this period.