Urgent:H1 Transfer Denied

[sivi3883]

Hi All,

 

I think many would gone through my situation or seen such situation among your friends. I need some advice on my current situation.

 

Let me explain the situation pointwise.

 

1. Got my H1 with Company A and was valid till Sep-2014.

 

2. Got an offer from Company B in Nov 2013.

 

3. Company B Applied for Premium H1 Transfer on 15-Nov-2013.

 

4.  The H1 Transfer went for a RFE on 19-Nov-2013.

 

5.  The response for Company B's H1 transfer was made on 27-Dec-2013.

 

6.  I was still working with Company A. But as my Assignment was getting over, I had to join Company B on 06-Jan-2014.

 

7.  My H1 Transfer petition went for a 2nd RFE on 8-Jan-2014.

 

8. Response to RFE was made on 29-Jan-2014.

 

9. Got an email from USCIS stating that the H1 of company A was revoked on 30-Jan-2014.

 

10. Got my Denial Notice for Company B's H1 Transfer on 6-Feb-2014.

 

 

My question is - 

 

1. How long can I stay in US to clear out my belonging and travel to India. ( is  it okay for 2 weeks?).

 

2. I guess I can appeal this denial notice. But not sure on the timelines. Hope you can tell me.

 

3. If I move to a company C, Can I use the same petition for Cap Exempt?

 

4. If I am applying a new H1, is there a resting period?

 

 

[jairichi]

 

Hi All,

 

I think many would gone through my situation or seen such situation among your friends. I need some advice on my current situation.

 

Let me explain the situation pointwise.

 

1. Got my H1 with Company A and was valid till Sep-2014.

 

2. Got an offer from Company B in Nov 2013.

 

3. Company B Applied for Premium H1 Transfer on 15-Nov-2013.

 

4.  The H1 Transfer went for a RFE on 19-Nov-2013.

 

5.  The response for Company B's H1 transfer was made on 27-Dec-2013.

 

6.  I was still working with Company A. But as my Assignment was getting over, I had to join Company B on 06-Jan-2014.

 

7.  My H1 Transfer petition went for a 2nd RFE on 8-Jan-2014.

 

8. Response to RFE was made on 29-Jan-2014.

 

9. Got an email from USCIS stating that the H1 of company A was revoked on 30-Jan-2014.

 

10. Got my Denial Notice for Company B's H1 Transfer on 6-Feb-2014.

 

 

My question is - 

 

1. How long can I stay in US to clear out my belonging and travel to India. ( is  it okay for 2 weeks?).

 

2. I guess I can appeal this denial notice. But not sure on the timelines. Hope you can tell me.

 

3. If I move to a company C, Can I use the same petition for Cap Exempt?

 

4. If I am applying a new H1, is there a resting period?

 

1. Zero days. Two weeks is a long time.

2. No specific time lines exist for appeal. Filing an appeal does not provide you any status to stay in US.

3. Yes, but it has to be applied as consular processing.

4. Yes, if you are thinking about a cap subject H1B petition then you need to be outside US for 365 days before a H1B petition could be filed.

[myh1transfer]

Hey, Do you have any update on this? What worked out best for you?