H1B transfer (PP) denied on 8/15/2019 after an RFE was responded to on 8/1/2019.

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 I was laid off from my last job with company A (EC model) on 03/11/2019 (was informed about it on 01/11/2019). I was paid regular pay till 03/11/2019 after that one lump sum severance.

I had a petition filed by employer B (EVC model) on 3/8/2019 but they wouldn't agree on me starting a bit late (because one of my parents was critically ill). Then I had employer C file for a transfer on 3/28/2019, converted to PP end of April. I started working for a employer C (EVC model) on H1B receipt from 05/06/2019 at client site (a major Wall St Bank). Employer C received an RFE and responded to it on 08/01/2019. USCIS denied it on 08/15/2019. We still don't have a hard copy of the denial.

My I-94 (from approved petition with employer A) is valid till Jan 2020.

I have a B.Tech is Electronic from India , 13 YOE in Software Application Development and H1B Wage level is 4 (> $137k per year) in NYC. I-140 approved from 2014. Been in the US since 2008, no RFE/denials on any of the previous petitions. Have a Visitor visa for US and Canada. First H1B was thru lottery (since I don't have masters didn't request a cap exempt)


1. What were your options after the denial? Does is help that my I-94 from the previously approved H1B petition ( by previous employer ) is still valid for a few more months?

2. Do I stop working at the client location effective immediately ( after receiving email notification) ? or when we receive the full documentation of denial from USCIS ?

3. Can I start working again with my employer C at client location if Employer C refiles the H1B petition on receipt or do I have to wait for the approval now ?

4. Since my I-94 is still valid I am assuming I don't have to leave the country right away, am I right ?


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I have a B.Tech is Electronic from India , 13 YOE in Software Application Development  - BIG RED FLAG.

I am not a lawyer these are just my opinions. Please consult immigration lawyer as soon as you can.

1) I guess you will have 60/240 days ( I do not know exact amount) or end of I94 which ever is lower to get new H1B approved from date of denial.

2) Yes you must stop immediately since employer cannot run your payrole.

3) I guess you can work on receipt.

4) Yes not right away you have some time for breather.

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