H-1 B transfer denied, New H1 in pp or MTR-Urgent.

[ksv0717]

Hi,

My h1 transfer to company B got denied due to incorrect/insufficient documents to prove e-e rltnship.. Company A revoked h1 1 month back. Now i have 2 options

1)File MTR- got client letter and contract letter now.

2)File for new h1 in pp.

 

If i apply for new h1 will i be cap exempt?

as my old h1 was revoked, will i still be in status if i file new h1 .

I-94 and visa are valid until 2015. But does it expire when h1 b is revoked?

 

Please advise which is better option. I know MTR takes a while. 

[jairichi]

Hi,

My h1 transfer to company B got denied due to incorrect/insufficient documents to prove e-e rltnship.. Company A revoked h1 1 month back. Now i have 2 options

1)File MTR- got client letter and contract letter now.

2)File for new h1 in pp.

 

If i apply for new h1 will i be cap exempt?

as my old h1 was revoked, will i still be in status if i file new h1 .

I-94 and visa are valid until 2015. But does it expire when h1 b is revoked?

 

Please advise which is better option. I know MTR takes a while. 

Yes, you will be cap exempt if you have not finished 6 years on H1B. Better option would be to file a cap exempt H1B petition as consular processing. In this way you can leave US now and avoid illegal stay. 

[rahul412]

If i apply for new h1 will i be cap exempt?

as my old h1 was revoked, will i still be in status if i file new h1 .

I-94 and visa are valid until 2015. But does it expire when h1 b is revoked?

 

Yupe, you can file for new H1. But you are currently out of status since your H1 was rejected and MTR doesn't provide any legal status. You need an attorney now.