H1B transfer denied


sravans17

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Hello Guys, I have filed for transferring my H1B to a new company, I got a RFE asking for the client letter, which I have submitted. In spite of that, the status online has been updated to DENIED. I haven't received the notice for denial in the mail yet.

 

Any similar cases? Any suggestions on what this could be related to? And what are my options apart from going back to my ex-employer?(I think my H1B from my ex-employer hasn't been revoked yet)

 

Thanks a lot!!

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Hello Guys, I have filed for transferring my H1B to a new company, I got a RFE asking for the client letter, which I have submitted. In spite of that, the status online has been updated to DENIED. I haven't received the notice for denial in the mail yet.

 

Any similar cases? Any suggestions on what this could be related to? And what are my options apart from going back to my ex-employer?(I think my H1B from my ex-employer hasn't been revoked yet)

 

Thanks a lot!!

Either find another employer or leave US. Currently you are out of status.

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Guys, Thanks for the suggestions. 

 

The latest update is that my Ex-Employer has revoked my H1B. So i have did a little research and i am planning on filing for a new H1B. So below are my questions that i need suggestions on.

 

1. Can i still work untill my new H1B is approved? Or should i wait till i get my Denial notice and stop working?

2. Should i leave the country untill my new H1B is approved? 

3. Is there a grace period for me to get a H1B?

4. Can i start working once i get my new H1B's LCA approved?

5. And how long would a MTR take to get approved? 

 

Can you please suggest the best and the safest way for me out of this situation please. Thanks

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Guys, Thanks for the suggestions. 

 

The latest update is that my Ex-Employer has revoked my H1B. So i have did a little research and i am planning on filing for a new H1B. So below are my questions that i need suggestions on.

 

1. Can i still work untill my new H1B is approved? Or should i wait till i get my Denial notice and stop working?

2. Should i leave the country untill my new H1B is approved? 

3. Is there a grace period for me to get a H1B?

4. Can i start working once i get my new H1B's LCA approved?

5. And how long would a MTR take to get approved? 

 

Can you please suggest the best and the safest way for me out of this situation please. Thanks

You need to stop working. There is no grace period to get new H1, you should file ASAP and you are currently out of status. So its better to file COS to B2 or leave US.

 

MTR is waste of time in your case. It takes 3 months to process and doesn't provide any legal status.

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You can not work with a new employer while an H1 petition is pending. LCA approval doesn't matter.

Any new H1 would not be approved as COS, so you have to leave the country and you can only come back when the new H1 is approved.

There is no grace period.

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If H1B petition not revoked by ex-employer you can go back.

I doubt if he can.

Once the employer-employee relationship is broken, the associated H1b expires. 

In order to establish employee-employer relationship again, new H1b will be needed. No matter if the previous H1b was revoked or not.

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I doubt if he can.

Once the employer-employee relationship is broken, the associated H1b expires. 

In order to establish employee-employer relationship again, new H1b will be needed. No matter if the previous H1b was revoked or not.

Well, he can go back as the H1B petition is still valid. It is wrong from the part of H1B employer not to revoke H1B petition when OP has left the job. He just needs to exit and enter US with a valid H1B visa and old employer's valid I797.

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Well, he can go back as the H1B petition is still valid. It is wrong from the part of H1B employer not to revoke H1B petition when OP has left the job. He just needs to exit and enter US with a valid H1B visa and old employer's valid I797.

So you are suggesting to take advantage of employer's mistake? Would USCIS take this?

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Well, he can go back as the H1B petition is still valid. It is wrong from the part of H1B employer not to revoke H1B petition when OP has left the job. He just needs to exit and enter US with a valid H1B visa and old employer's valid I797.

 

But, then the employer would have to pay him for all the time he was not working for the employer.

As per the DOL, the obligation to pay the employee only ends when the employer informs USCIS that the employee no longer works there.

That's why every employer with a clue will immediately inform USCIS so that the H1 will be canceled.

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Guys, Thanks for the suggestions. But i have received the Denail notice today by mail. The below quoted sentence was mentioned in it, and does it mean that I am good until my Visa stamp expires? 

 

"The benefiary may remain in the current nonimmigrant status untill the expiration date on Form I-94. Should the beneficiary fail to malntain nonimmigrant status, or said status expires the beneficiary must

depart the United States. If the beneficiary has any questions concerning lmmigration services and benefits, the

beneflciary may telephone 1 800-37 5-5283 or for TTY 1-800-767-1833."

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