harish shankaran Posted July 9, 2018 Report Share Posted July 9, 2018 Hello If my H1B transfer (from another company) gets rejected, can i continue to work on the current H1B with my current employer (which is active). Link to comment
Centepede Posted July 9, 2018 Report Share Posted July 9, 2018 Yes, Absolutely you can. Your current H1B with Current employer is not affected by transfer acceptance or Rejection. Link to comment
krishna 123 123 Posted July 10, 2018 Report Share Posted July 10, 2018 Hi Centepede there is a new rule that if some ones visa extension or amendment is denied there will be a chance of deportation under the new rule of USCIS. So does the case of Hari will be unlawfully present in USA? I am asking this beecause a new company has applied for my transfer and got RFE now i have current via active till 2019 Mar. 07/07/2018: USCIS Significant Policy Change for Issuance of "Notice To Appear" for DHS Enforcement Actions (4) Cases in which, "upon the denial" of an application or petition, an applicant is "unlawfully present" in the United States." Link to comment
Centepede Posted July 10, 2018 Report Share Posted July 10, 2018 13 hours ago, krishna 123 123 said: Hi Centepede there is a new rule that if some ones visa extension or amendment is denied there will be a chance of deportation under the new rule of USCIS. So does the case of Hari will be unlawfully present in USA? I am asking this beecause a new company has applied for my transfer and got RFE now i have current via active till 2019 Mar. 07/07/2018: USCIS Significant Policy Change for Issuance of "Notice To Appear" for DHS Enforcement Actions (4) Cases in which, "upon the denial" of an application or petition, an applicant is "unlawfully present" in the United States." Based on Hari's post it seems he currently holds H1 visa from Employer 1 and transferring to Employer 2. If Employer 2 petition is rejected he still holds the valid Visa from Employer 1 which makes his presence lawful. In your case , you have a current visa valid till Mar 2019 and Current transfer petition is under RFE, your presence remains lawful as well. The rule you sighted as (4) applies to condition where your current status on "any visa" category is "Expired" AND extension is not filed/approved or IS Rejected OR Transfer petition to any other status is not filed/approved or IS Rejected. Like it states "Upon the denial" is an important use of verbiage. Link to comment
Chelsea Posted July 16, 2018 Report Share Posted July 16, 2018 whats the reason of h1 transfer denial ? Link to comment
krishna 123 123 Posted July 27, 2018 Report Share Posted July 27, 2018 Hi Centepede My visa got approved now .Thanks for the reply for my quires before. One more question is, The new employer forwarded a mail which he received from USCIS conforming the approval. It has a dates as follows on the mail can you please let me know if these are dates i will have on my new I797. Starting Validity Date: 07/25/2018 Ending Validity Date: 04/30/2021 Link to comment
Chelsea Posted July 27, 2018 Report Share Posted July 27, 2018 14 hours ago, krishna 123 123 said: Hi Centepede My visa got approved now .Thanks for the reply for my quires before. One more question is, The new employer forwarded a mail which he received from USCIS conforming the approval. It has a dates as follows on the mail can you please let me know if these are dates i will have on my new I797. Starting Validity Date: 07/25/2018 Ending Validity Date: 04/30/2021 yes these are the dates should be on i797. congrats for approved petition. Link to comment
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