H1 transfer denial options and MTR

[amitkathuria13]

I was working with Employer A and on Aug 20, 2013 I joined Employer B on the H1 Transfer - Receipt acceptance from USCIS. The case was filed on premium processing and I am working at the client side on the E-V-C (Employer-Vendor-Client) model. Recently, I got 2nd RFE asking to explain the relationship between me and the end client and my key job duties at the client. Client is not willing to provide the client letter and Vendor is not providing any MSA between Vendor and Client.

I have I-94 till Sept 30, 2015 and I cannot go back to the Employer A. Based on this situation, what are the available options for me?

1. If the Transfer gets denied, when will I go out of status?
2. Does appeal / motion to re-open (MTR) put me back in status or allow me to continue working at client site till appeal is resolved?
3. During the MTR period, Can I stay in USA or I have to leave the country? As I have I-94 till Sept 2015.
4. During the MTR period, is it legal to work in USA?
5. Is it possible to re-apply for H1B transfer (with Company B only)? During this period, do I have to leave the country or I can wait here till USCIS takes another action on the new case.
6.  Can any other Company C, after denial from B, apply for fresh H1B transfer? If yes in that case can I stay here or I need to leave Country till new H1B transfer application gets approved?

[gamit4uonly]

Hi,

Did you get any response, I have the same issue and i am already out of status for 2 weeks now.

 

Can you tell me what you finally did.

 

My Status:

1>My Visa Transfer got denied on 20th Nov

2>My previous was valid till 20 Aug 2016, but has been revoked on 20th Oct

3>Am i legal to stay or and work here?

4>We are going to reopen the case, in that case am i allowed to work, after case is opened?

5>Again we will have to file a new petition as it takes long for resolve them

 

[gamit4uonly]

Hey my status is same, what exactly you did for this.

Its been already 2 weeks now.

 

1>Visa transfer denied on 20th Nov 2014 (Employer - client relationship)

2>Old petition was revoked on 30th Oct, which was valid till 2016

 

What all options i have???

[JoeF]

The only option is to leave the country. An MTR doesn't give the person any immigration rights.