H1B Transfer Denied. Employer-Employee Relationship Issue


Recommended Posts


I have filed my H1B transfer to new employer under PP in CSC. It has been denied based on lack of employer-employee relationship. In that they have mentioned that "The beneficiary may remain in the current nonimmigrant status until the expiration date indicated on Form I-94. Should the beneficiary fail to maintain the non-immigrant status, or said status expires, the beneficiary must depart the United States ".

However, my I-94 expires on Jun-2015.

I like to know what are the options that I have other MTR:

1. Can I continue to work with new employer or goback to old employer or new transfer?

2. How long I can continue stay in this country?

2. How long AAO will take to answer the decision?

3. What are the possibilities for my family back to USA?

Appreciate all your views



Link to comment

"your best bet is to talk to your previous employer to see if he is willing to take you back and continue working on his H1B if it is not already revoked. "

=> It doesn't matter if the old employer revoked OP's H1b or not. If the employer - employee relationship terminated, they have to file a new H1b for re-hiring the OP.

If the OP is still working with old employer, then its ok, s/he can continue working for the same employer.

Link to comment

"You can go back to your old employer if he has not revoked H-1B and ready to re-hire you. That's the only option you have."

=> For re-hiring OP's old employer has to file H1b again. No matter H1b was revoked or not. Once the employer-employee relationship is broken, a new H1b is the only option to create this relationship again.

Link to comment

You can go back to your old employer if he has not revoked H-1B and ready to re-hire you.

An employer is actually required by law to inform USCIS if an H1 employee no longer works for the employer, so that the petition gets revoked.

If an employer doesn't do that, ask yourself, do you really want to work for an employer who doesn't care about the laws?

Link to comment
  • 2 weeks later...

Hi All,

Thanks for the answers.

Company A willing to take back me for the same client where i was working previously. I have not tell them that my Visa transfer was denied. Is it necessary to let them know this? Also, my family in India and need go for stamping H4. any problem would arise for them?


Link to comment


This topic is now archived and is closed to further replies.