H1B Transfer Denial

[Priyanka03]

Hi,

If H1B transfer is denied, does that mean the old H1B (Approved by previous employer) is also revoked? 

What are options after the denial ?

I appreciate your answer. 

Thanks.

[NotAnAttorney]

Nope.

Any new employer could file for your H1B, assuming you have valid i-94.

[JoeF]

On 2/16/2018 at 6:58 PM, Priyanka03 said:

Hi,

If H1B transfer is denied, does that mean the old H1B (Approved by previous employer) is also revoked? 

What are options after the denial ?

I appreciate your answer. 

Thanks.

H1 revocation is irrelevant for you. If you are no longer working for your old employer, the employer is required by law to inform USCIS of that fact. That's an administrative requirement.

If you have a valid I-94 and it has been less than 60 days since you left the old employer, any employer can file an H1 petition for you with extension of status.

If it has been more than 60 days, an H1 petition would only be approved with consular notification, meaning you have to go abroad, possibly get a new visa, before you can start working for the employer.

[Priyanka03]

Thank you so much for the responses.  I truly appreciate it. 

1. So,  the 60 days period starts after the Denial notice? 

I had valid work visa( via previous employer) until 2020. On Jan 15th the previous employer has notified USCIS that I am no longer working for them. 

2. Does that mean I still hold a valid I-94 until 2020? 

[JoeF]

No, the 60 day period started when you left the old employer. That's when you last held a valid H1.

And visa and I-94 are two different things.

And again, that the employer informed USCIS is irrelevant.

[Priyanka03]

With in how many days I have to leave the country after the USCIS online status update for transfer Denial? 

My last working day for my first employer was Dec 08th.  ( That means I have already passed 60 days). 

I had join the new employer immediately after that and the denial status was updated on the website on friday 16th Feb. 

My employer has not received the detailed explanation for denial yet.  They said they may or may not request for Motion after reviewing the detailed explanation. 

Now I dont know what to do?