H1b transfer denied next options to stay with the same client


mario

Recommended Posts

I have the below scenario:

Working on H1b(expiry date Oct 2014, I140 also approved) for client on EVC model for an employer A.

Applied for H1 transfer to employer B last month but did not move onto payroll with Employer B and it is denied today. Don't know the reason for denial yet.

 

I really don't want to change my client.

 

My payroll is still running with Employer A.-  am I out of status?

Can I extend my H1b with Employer A without changing the Client?

Client letter and vendor contracts will be a problem as they mentioned Employer B as my employer when I applied for H1b Transfer?

Or do I need to transfer to another Employer C?

 

Link to comment
 Hi All,

 

i am on h1b right now .

I have a contract with my current employer which says I can not leave them before 3 years and if I leave them I have to pay them 5000 usd .

now I got another full time job and they are doing visa transfer .

SO I want to know if contract is legal or illegal .

 I want someone who can analyze my contract .

Any help would be great .

Link to comment

 

 Hi All,
 
i am on h1b right now .
I have a contract with my current employer which says I can not leave them before 3 years and if I leave them I have to pay them 5000 usd .
now I got another full time job and they are doing visa transfer .
SO I want to know if contract is legal or illegal .
 I want someone who can analyze my contract .
Any help would be great .

 

Might be legal and you need to get it checked with an attorney.

Link to comment

 

 Hi All,
 
i am on h1b right now .
I have a contract with my current employer which says I can not leave them before 3 years and if I leave them I have to pay them 5000 usd .
now I got another full time job and they are doing visa transfer .
SO I want to know if contract is legal or illegal .
 I want someone who can analyze my contract .
Any help would be great .

 

Generally, those contracts are legal. Only an attorney can analyze that agreement.

Link to comment

Denial is done based on Employer -Employee Relationship and Specialty occupation.

Is USCIS is going to refer denied petition (Transfer petition from Employer B) for processing h1b Extension petition from Employer A? or it will be consider as a new independent Petition.?

Link to comment

Denial is done based on Employer -Employee Relationship and Specialty occupation.

 

Is USCIS is going to refer denied petition (Transfer petition from Employer B) for processing h1b Extension petition from Employer A? or it will be consider as a new independent Petition.?

Employer A will not be informed by USCIS. An extension petition is nothing but a H1B petition that is cap exempt.

Link to comment

Archived

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