H1b Transfer denied.

[Amey3985]

hi All,

Here is my case-

 

I was working for company A and in the 6th year of H1B. H1b and I-94 end date with Company A- Oct 5, 2017

Company B applied perm . Perm is approved and I140 approved with Company B - August 2017

After I 140 approved, H1 Transfer and extension was applied on August 21,2017. I joined Company B on their payroll.

H1b transfer went to RFE and responded in Jan 2018. Now the H1b transfer is denied. My employed got the notice today.

In this case what should be my next step?

1. Leave the country ASAP? How much time I have to leave the Country. I stay with family so need to settle many things before I move completely.Please advise.

2. Is it possible to re-file with same Company B.- can I still stay back in the USA & wait for applying?

 

Thanks!

 

 

 

[karanv1984]

I believe you got 1 month of grace period. You don't have to leave the country ASAP. 

Suggestion: Reapply with a different employer for new H1B under PP get it approved and leave the country for stamping.

I have been through this and successfully got the stamping. Make sure the new employer has a strong immigration team or go through a good immigration lawyer. 

All the best

V 

[Chetan Mehta]

Since your I-94 card is expired, on paper, you must leave ASAP. There is no standard timeframe unless mentioned on your denial letter. But once you are in US without any status for more than 180 days (6 months), you get a 3 year ban, no matter what the reason is. Within that timeframe, you must show a valid reason that why you stayed back and didn't leave US (reasons: waited to sell your cars, home, schooling, medical etc etc). 

Yes, it's possible to reapply with the same company but go for a different position, client/project. Your chances of getting approval will be much higher if you go with a different employer-project-client. But without wasting any time, file a fresh H1-B in PP either with the same employer or new employer but definitely has to be with a new client/project and wait in US for the approval to come by. Don't leave US unless your immigration attorney tells you. Also, consult 2-3 attorneys before taking that step. Lot of attorneys have different perspective and interpretation of law. 

If you are lucky, you should get an approval within 1 month with I-94 card or approval without I-94 card for which you will need to go for consular processing. 

Don't be surprised if you get another RFE on this new H1-B petition. These days, it's pretty common to get RFEs under PP. Good Luck.