H1 Transfer denial options.

pokerstar

By pokerstar,
in H1B : General

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pokerstar Newbie

pokerstar

Posted
Posted

Hi

I have a transfer question.

I have applied H1 transfer through a regular processing to company B in September . My old company A sent me email today that they sent revoke letter to USCIS last week. So I asked new company B to update to premium processing and they started it yesterday. In worst case scenario of H1 denial with this new company B what should i do. I have valid I94 till 2016.

Am I considered out of status from the date of denial or from the date my company A revoked H1 ?

My husband is on H1, can we apply immediately for H4 on date of denial and once we apply am I considered legal and can stay in US since I applied for change of status immediately.

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JoeF Advanced Member

JoeF

Posted
Posted

H1 revocation is completely irrelevant for you.

All issues that could happen apply from the day you left company A.

If the new H1 would get denied (why do you think it would?), then you'd be out of status from the day you left company A.

That's why it is recommended to continue working with the old company until the new H1 is approved.

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ashuneel Advanced Member

ashuneel

Posted
Posted

Does applying to COS to H4 immediately on the same day of denial create any issues for future because I was out of status from Sept ?

I mean Just in case if I want to switch back to H1 and use remaining portion of H1

forget about switching back to H1. If company B petition is denied you may have tough time getting COS to H4 approved also as you are out of status from September. Once you go out of status it will affect all future dealings with USCIS.

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jairichi Advanced Member

jairichi

Posted
Posted

Does applying to COS to H4 immediately on the same day of denial create any issues for future because I was out of status from Sept ?

I mean Just in case if I want to switch back to H1 and use remaining portion of H1

Your COS to H4 might not get approved if you receive a denial notice for H1B petition with new employer.

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jairichi Advanced Member

jairichi

Posted
Posted

Thanks Jairichi and Ashuneel.  Can i go to India immediately and go for H4 stamping there. Am i going to face any issues during stamping. Just in case if VO asks, can i tell them that I left USA immediately on date of denial.

 

Am i going to have issues if i go to stamping in India as well ?

You can give a try by filing COS to H4 now but it takes 3 to 4 months to get a decision. Getting a H4 stamped abroad will not be an issue.

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ashuneel Advanced Member

ashuneel

Posted
Posted

Thanks Jairichi and Ashuneel.  Can i go to India immediately and go for H4 stamping there. Am i going to face any issues during stamping. Just in case if VO asks, can i tell them that I left USA immediately on date of denial.

 

Am i going to have issues if i go to stamping in India as well ?

Since you  asked new company B to update to premium processing and  if they started it Nov 20, you should have answer by Dec5. If application is denied, immediately return to home country and get H-4 stamp.

Should not have issues with H-4

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