H1B transfer denied .. need help plz


GMehra

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Please find my case as:

I have been working with company A since Oct 2008 and they applied for my H1B which got approved and I have visa stamp for that 3 yr period. In Aug-2011 they filed for my H1b extension which also got approved. Therefore, I now have valid I-94 and I797A until Oct 2014.

In Dec 2011, company B hired me and filed for H1B transfer. After getting the receipt, I started working for them until Feb-16-2012 when I got USCIS decision: H1b transfer denied(dont know the reason yet). In the meantime,, company B ran 2 paychecks for me ( from Dec12 to Feb16). However , there is no overlap between pay stubs company A and B

Also, Comapny A hasn't revoked my earlier H1B yet.

My question:

1. Can I go back and start working for company A as if nothing had happened?

2. Am I out of status effective Feb-16-2012 ?

Apprecite your time and inputs..

Thanks...

Will appreciate all the inputs

Thanks

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If you think about it, for now the only real option you have is to "....go back and start working for company A" wheather it's allowed or not is secondary matter.

The other option would be to exit by submitting your current valid I94 and correct the situation from outside US, which would be tough to handle not being physically present in the US.

If your company has really not revoked it and they are willing to reconsider taking you back immediately on payroll, I guess you could consider it and subsequently talk to your companies attorney to what you need to do to follow after that. I think you did a mistake here, golden rule, never join until H1B is approved even if there is a good chance of approval - you just never know, and get stuck in very difficult situations like this. I know employers want you to join on receipt, but you need to keep the cool and not get instantly lured....

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