H1B Transfer denied, is my original H1B still valid?

[Maggie]

I have H1B approval in a non-technical role (valid I-94) till May 2015 from employer A. I have never got a stamping done.

 

I transfered H1B to employer B which got denied. The denial date was July 8, 2013. On Aug 5, 2013 I applied for H4. In that period, I was looking for a job in the same fieid but later on I decided to get trained into the IT technical role given my Bachelor's degree in Computer Engineering.

 

Since I was Out Of Status for around 27 days before applying for H4, I want to understand:

 

1. Is my H1B still valid till May 2015, since employer A has not withdrawn it yet?

2. Can a  new employer apply for H4 to H1B change of status (after I receive the H4 approval) using the old H1B approval? Or, do they have to apply in 2014 quota?

3. Since I am changing my field from non-techncal to IT technical role, can the employer use the same H1B approval, or do they have to apply in the 2014 quota?

 

Thanks!

 

[pontevecchio]

1. You are still entitled to a total of 6 years in H1 status minus time already spent.

 

2. The old H1 approval has nothing directly to do with finding a new H1 sponsor. You only need proof that you were capped for the quota.

 

3. The previous H1 petition is not material to getting a new H1 sponsor.

[0407]

what was the reason for denial ?

[omshiv]

By default as soon as you leave employer A they have to inform USCIS. You do NOT have to wait until 2014 for the new quota.

[rahul412]

I have H1B approval in a non-technical role (valid I-94) till May 2015 from employer A. I have never got a stamping done.

 

I transfered H1B to employer B which got denied. The denial date was July 8, 2013. On Aug 5, 2013 I applied for H4. In that period, I was looking for a job in the same fieid but later on I decided to get trained into the IT technical role given my Bachelor's degree in Computer Engineering.

 

Since I was Out Of Status for around 27 days before applying for H4, I want to understand:

 

1. Is my H1B still valid till May 2015, since employer A has not withdrawn it yet?

2. Can a  new employer apply for H4 to H1B change of status (after I receive the H4 approval) using the old H1B approval? Or, do they have to apply in 2014 quota?

3. Since I am changing my field from non-techncal to IT technical role, can the employer use the same H1B approval, or do they have to apply in the 2014 quota?

 

Thanks!

Your new employer can file your H1 which is cap exempt in your case.

[meetrohan]

Hi. I am in similar situation like this. I came to US through Company A and got transferred to company B where I got H1b approval and I94 till 2015. In the mean while i transfered my H1b to Company C and started working after receiving receipt number for 4 months. After 4 months my H1b got denied for no reason of mine where my employer has wrongly mentioned end client and have not documented properly. So my previous employer B didn't cancel my H1B and I rejoined them. Is it legal to Join back employer B or is it illegal status after h1b denied? My denial clearly mentioned y"THE BENIFICIARY MAY REMAIN IN THE CURRENT NONIMMIGRANT STATUS UNTIL THE EXPIRATION DATE INDICATED ON I94 ". Can someone provide some ways to deal this situation? Will it cause problems when i file my Greencard?

[Maggie]

Thank you everyone for your inputs. Really appreciate your help. I needed this response mainly for a new potential employer who had some misconceptions about H1B validity after transfer denial.

 

meetRohan - Going back to your old employer is certainly legal and it should not create any problems for your GC. You have a valid I-94 and that's what matters.