H1B extension got denied

[Yarra1]

Hello All, 

 

My H1B extension petition got denied , Don't know the reason yet . I have couple of questions on next steps .Please help me out .Thanks in advance .

 

1) Can apply for new extension from the same employer from India If I go back india ?

 

2) I'm also thinking to transfer my H1B to another employer here in US ? Is it legal to put transfer request even after extension denial ? what are the best chances that the transfer get approved ?

[jairichi]

Hello All, 

 

My H1B extension petition got denied , Don't know the reason yet . I have couple of questions on next steps .Please help me out .Thanks in advance .

 

1) Can apply for new extension from the same employer from India If I go back india ?

 

2) I'm also thinking to transfer my H1B to another employer here in US ? Is it legal to put transfer request even after extension denial ? what are the best chances that the transfer get approved ?

1. If denial is due to your employer's credentials then there is no point in applying for an extension again.

2. You are out of status and so even if your new employer files a cap exempt H1B petition it would be approved as consular processing.

[rahul412]

 

1) Can apply for new extension from the same employer from India If I go back india ?

 

2) I'm also thinking to transfer my H1B to another employer here in US ? Is it legal to put transfer request even after extension denial ? what are the best chances that the transfer get approved ?

1. That depend on the reason why your H1 rejected.

2. Yes, you can. In the worst case your might get your H1 without new I94.

[Yarra1]

If I go for h1b transfer , during the transfer process am I eligible to work ? What happens if the transfer request is also denied ?

[Yarra1]

Thank you guys . I have couple of questions ... During my H1B transfer am I eligible to work here ? What if transfer also gets denied ? Would this stay counted as illegal stay ?

[jairichi]

Thank you guys . I have couple of questions ... During my H1B transfer am I eligible to work here ? What if transfer also gets denied ? Would this stay counted as illegal stay ?

Currently you are out of status. Since you are out of status at the time of cap exempt H1B filing you cannot start working for employer. If cap exempt petition is denied you need to leave US or move to dependent status.

[rahul412]

If I go for h1b transfer , during the transfer process am I eligible to work ? What happens if the transfer request is also denied ?

No, you can't work because your current H1 is invalid that means you are currently out of status.

If transfer is rejected then  you need to leave US.

[Yarra1]

The other employer and his attorney who is going to process my H1B transfer told me once they have the filing number I'm able to work here is that right ?

[jairichi]

The other employer and his attorney who is going to process my H1B transfer told me once they have the filing number I'm able to work here is that right ?

Being out of status you cannot start working for new employer based on receipt notice.

[rahul412]

The other employer and his attorney who is going to process my H1B transfer told me once they have the filing number I'm able to work here is that right ?

That's will be possible ONLY if it was a direct transfer. Your current H1 is gone, so you CANNOT work when you are not on H1. If your previous H1 was not rejected and you filed for H1 transfer then you can work during the H1 process.

[Yarra1]

I was told that with in the 180 days from the day my I 94 expired they can request the h1 transfer and I'm eligible to work . Was that wrong ?

[rahul412]

I was told that with in the 180 days from the day my I 94 expired they can request the h1 transfer and I'm eligible to work . Was that wrong ?

Dude, we have explained it to whatever we know. If you still think that we are wrong either follow your employer or contact an attorney.

[JoeF]

I was told that with in the 180 days from the day my I 94 expired they can request the h1 transfer and I'm eligible to work . Was that wrong ?

You are out of status.

That means you can only start working when the new H1 is approved with an I-94 at the bottom. Period.

What you "were told" is wrong.