H1B Transfer Denial - What are the next available options


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I came to USA on H1B with company A, after a year of my arrival switched to Company B and initiated a transfer in the normal process.

Last week I switched my petition to Permium processing.

Yesterday the status moved to Decision saying Denial .

 

I have my visa stamped till Sep 2014.

 

Questions.

 

With a denial am i vaild to stay in USA , my company says they will go to motion to reopen ?

If valid how long can i stay?

What are the next available options in this situvation?

I have plan to travel to Inida in May , if I travel will i be able to come back to USA on the previous stamped Visa which is valid till sep2014?

 

Thanks

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I came to USA on H1B with company A, after a year of my arrival switched to Company B and initiated a transfer in the normal process.

Last week I switched my petition to Permium processing.

Yesterday the status moved to Decision saying Denial .

 

I have my visa stamped till Sep 2014.

 

Questions.

 

With a denial am i vaild to stay in USA , my company says they will go to motion to reopen ?

If valid how long can i stay?

What are the next available options in this situvation?

I have plan to travel to Inida in May , if I travel will i be able to come back to USA on the previous stamped Visa which is valid till sep2014?

 

Thanks

No. You are out of status and either you have to leave US immediately or move to a dependent status based on your spouse status in US. MTR does not give you the legal provision to stay in US.

As I said earlier you only have two options. Without a job and approved I797 and valid H1B visa you cannot enter US. Mere possession of a valid H1B visa to enter US on H1B would lead to denial of entry at POE, deportation and possible ban.

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With a denial am i vaild to stay in USA , my company says they will go to motion to reopen ?

If valid how long can i stay?

What are the next available options in this situvation?

I have plan to travel to Inida in May , if I travel will i be able to come back to USA on the previous stamped Visa which is valid till sep2014?

Their is no grace period to stay in US once your H1 is rejected.

You cannot come back with just visa, you need H1 approval.

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hi

you can still work for previous company A since you have a approved I797  from it... Your transfer  got rejected but  you can work for current company A till expire date of I797

 

 

I had same issue i tried to transfer H1b  to Company B but got rejection... But still i work for company A since i had valid 797 from Com A.

 

 

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hi

you can still work for previous company A since you have a approved I797  from it... Your transfer  got rejected but  you can work for current company A till expire date of I797

 

 

I had same issue i tried to transfer H1b  to Company B but got rejection... But still i work for company A since i had valid 797 from Com A.

I agree, provided you have not left company A and they have not revoked your H1B. But, since OP mentioned "switched to company B" I believe he/she has left company A.

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