H1B Transfer Denial After RFE


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Need help very urgent.

I came here in US on Oct2011 and worked for Company A till Nov 2011, as company A terminated me on Nov-2011 end and did not pay me for Oct and Nov2011.

I got another company B and project in Dec2011, Company B started H1B transfer on Dec end. RFE came immediately(RFE for paystubs and employer-employee relationship) and responded to RFE in Feb2012 (with Paystubs and SOW between the vendor and end client). Denial has happened on H1B transfer in March 2012(Recently 3 days ago), reason of denial was Employer-Vendor-Client Model or relationship not buildup. Company B says as your visa transfer got rejected, you can not stay in US. You will have to go back to your home country. However, they are ready to appeal on denial, but we are not sure how long it will take on the decision.

Now company C is willing to transfer my H1B on premium processing, Company C say, you do not need to go back to your home country.


1. Can I stay here in US till H1B transfer go through with company C (probably till April 1st week)

2. Will it create any problem in future, me being out of status?

Thanks for your help.

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