H1 transfer declined - what are the options now??

[hit_meet]

Hi,

From my previous employer I had h1B and i97 valid till Nov 2013.

In Jan 2012, I resigned and joined new employer once I received the receipt for the H1 transfer initiated by new employer.

Now I can see in the USCIS website that H1 transfer is declined,

In this scenario, i want to understand what options do I have.

I have following queries.

1. Still My employer has not received the copy of declined notice from my USCIS.

How many days I can stay in US once employer receives the decline notice?

2. Can I stay legally in US If my employer files MTR for the decline notice?

In that case what kind of USCIS processing time is there for such MTR?

3. If I find new employer, can new employer file h1 transfer

or I will need New H1 sponsorship as current h1 transfer request is declined?

desperately looking for replies considering the current situation and urgency.

Thanks,

hit_meet

[JoeF]

First, you need to stop working.

You are out of status immediately.

An MTR doesn't get you back into status.

[user2012]

Hi,

Your next step/s depends on the reason your H1B transfer petition was declined.

Did you receive a RFE ( What documentation did they ask for in the RFE ?)

What reason did they give for the decline ?

[SameerH1Bworker]

1. Still My employer has not received the copy of declined notice from my USCIS.

How many days I can stay in US once employer receives the decline notice?

- No grace period/days at all.

2. Can I stay legally in US If my employer files MTR for the decline notice?

In that case what kind of USCIS processing time is there for such MTR?

- NO.

3. If I find new employer, can new employer file h1 transfer

or I will need New H1 sponsorship as current h1 transfer request is declined?

- You're already Out of status, so, it might create problem in new employer's H1 transfer as well.

Best way I can think is, if your previous employer has not filed H1B revoke petition then you can join them back.

Talk to proper attorney immediately as you're Out of status from the day H1B declined.

[livliv]

Filing MTR will not get you in status.

Change of employer with extension of status will not be possible as you are not in status. Consult an experienced attorney for options.