H1B Transfer Denied, Need some Advice

[user 111]

Hi everone,

I have a H1b visa with employer A valid until Dec 2020. Employer B filed for H1 transfer and got denied last week. I have started working with employer B since the receipt number generated. After denial, attorney of employer B is saying we can take the case to the court that way we can talk/explain/fight directly with judge as we are confident on our petition we can able to get the approval if we go to court rather filing for appeal/MTR. I never heard of taking the case to the court i heard of appeal/MTR. If anyone gone through this process or know info about this process please advice me on this as i have no idea at all on this process. And one more thing, i cannot go back to my Employer A.

Can i go with this process(taking the case to court)?

There will be further complications on this process? Is it possible to get approval with this process?

If judge denied my case will i have to leave the country immediately?

If judge denied my case what are the options i have?

Advice is appreciated.

Thanks a bunch in advance.

 

[JoeF]

That doesn't allow you to stay and work for the employer. You have to leave the country within 60 days or the expiration of the I-94, whichever is shorter.

[user 111]

Thanks for responding,

I understand that i have 60 days but just wanted to know how this process of taking the case to the court works? is it really work?

[JoeF]

It is none of your concern. The H1 is the employer's petition. In general, it is a waste of time and money (which the employer has to pay.) Also, with the shutdown, immigration courts may not even operate.