H1b transfer Denied new transfer approved


Denied_H1b

Recommended Posts

Hi,

 

can someone please clarify my situation here

 

here is my story

 

Company A - I-129 - December 2012 till Oct 2015 (stamping and I 94)
Company B- h1b transfer on normal processing– Dec 2013
Company A - Revoked I-129 – January 2014
Company B- Denied – May 2014
Company C- h1b transfer on normal processing – May 2014
Company B- I290 B (Appeal to motion to reopen)– June 2014
Company C - I-129 approved- June 2014
Company D on PP- I-129 PP - RFE asking for maintenance of staus prior to June 2014
 
I want to quit the company B and Company C after my approval with Company D. but INS questioned on my status prior to June 2014 as my first company H1b is revoked on Jan 2014, Am I out of status from Jan 2014? I did have W2, paystubs and I started working for Company B after I received the receipt number but that doesn't give any status right? INS now asked my paystubs and Company B approval which I dont have yet. If I get the approval, will it be for Counselor processing or just COS?
 
Link to comment

Also, My H1b visa stamping has engraved with my Company A employer name.but that petition is revoked. is it still an issue? because I will be returning with my company D's approval copy

No issue.

 

ohh ok! So I don't have to attend the interview in my home country right? I thought that is called consular processing

 

Thank you for your reply!

If your H1B visa is valid there is no need to go for stamping.

Link to comment
  • 2 weeks later...

Hi Denied_H1b,

I am somewhat in the same situation as you. Can my current employer(B), with whom I have denial notice, file my new h1 transfer with correct documentation which was missing in earlier petition and got denied? or I have to just go to employer C and they can file H1b.B?

 

My situation is like this. 
 
Employer A - H1B petition approved (1st Oct 2011- 30th Sept 2014)
 
Employer A - VISA stamped india. I-94 valid till 9th October 2014.
 
Employer B - H1B petition filed (31st March 2014)
 
Employer B - RFE (9th April 2014)
 
Employer A - Revoked my H1B Petition (24th April 2014)
 

Employer B - H1 petition Denied (10th July 2014)

 

My attorney is giving a shot for MTR and re-applying petition with proper documentation. 

Thanks

 
Link to comment

 

Hi Denied_H1b,

I am somewhat in the same situation as you. Can my current employer(B), with whom I have denial notice, file my new h1 transfer with correct documentation which was missing in earlier petition and got denied? or I have to just go to employer C and they can file H1b.B?

 

My situation is like this. 
 
Employer A - H1B petition approved (1st Oct 2011- 30th Sept 2014)
 
Employer A - VISA stamped india. I-94 valid till 9th October 2014.
 
Employer B - H1B petition filed (31st March 2014)
 
Employer B - RFE (9th April 2014)
 
Employer A - Revoked my H1B Petition (24th April 2014)
 

Employer B - H1 petition Denied (10th July 2014)

 

My attorney is giving a shot for MTR and re-applying petition with proper documentation. 

Thanks

 

 

Yes, current employer B can file a new cap exempt H1B petition with proper documents. But, you should have stopped working for them from 10th July 2014. You can start working only after approval.

Link to comment

Jairichi,

Yes I have stopped working for my employer B from that day. No payroll. Just working out to file new h1b and not going for MTR. Can they file petition while I am in the country or I have to leave the country before they file petition or it doesn't matter?

A few days gap to file new petition after receiving a denial notice might be fine. In worst case scenario you will get an I797 without I94. In that case exit and enter US with a valid H1B visa and new I797.

Link to comment

Archived

This topic is now archived and is closed to further replies.