H1B Transfer Denied


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I came to us in 2010 through Employer A in L1. I changed my status from L1 to H1 through Employer B in 2012. I did not work for Employer B. I did H1B transfer to Employer C. Got RFE and denied this week. I have 4 month pay stub with Employer C and L1 pay stub for prior to H1B.

  1. Can legally stay in US?
  2. Can my Employer C file new H1B petition with CAP exemption or another option like motion?
  3. Can I join new Employer D and file new H1B petition with CAP exemption?

Thanks in Advance.

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Unfortunately, technically you are out of status. However, do talk to an experienced attorney

including that of your employer's. In the past there are instances (I have seen them in

immigration forums) where if the employer immediately corrects the LCA and refiles,

USCIS does grant extension at times. But it is entirely at their discretion. Talk to an attorney

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