Approved H1 B Transfer Denied! Plz Help! Urgent..

[Confused&Worried]

Hi,

 

I have two H1 Approved Visas. I am working in India. I got the second H1 Approved Visa through a Company A (a consulting agency), but now I have changed my job to Company B (good and steady MNC), who had applied for a H1 Transfer in PP from Company A. PFB the details : 

1st Feb : H1 Transfer was applied.

12th Feb : RFE was raised

14th Feb : RFE Response was sent 

5th March : RFE was raised for PO

12th March : Response was sent

17th April : RFE Response Review

30th April : H1 Transfer was denied

 

This was a very good opportunity & I do not want to go back to the first company -A for getting an opportunity to work in US. 

Now the Company B (a good & steady organization) is saying to file for:

1. 2 LCA for 2 different position

2. File for fresh H1 now in premium thru an attorney this time

3. In parallel depending upon what reason they get for denial would file for an MTR if they are sure about the same that they can break through.

 

The reason for denial is yet to be received, and I know for sure that the H1 has not been revoked by CompanyA

Now the question is since it already May which has started , so can they file for new fresh H1 in premium since the quota must be over by now or  would it be a parallel new fresh H1 transfer (is it possible to file for new fresh h1 transfer ,since the Uscis official might be knowing my case )?

The second thing is can an MTR exist in parallel with the same company B ?

 

Please suggest what should be the best option in this case. 

[cap-gap]

no wonder you are confused..there is no such thing as two H1B visas..

 

and now about the worried part..you don't have to be ..as this is not a desi consulting company, but a reputed company with their own attorney and willing to pay as much as it costs to get you onboard ..seems they are handling the case in the right manner..let them handle it..just wait for one more month and they will let you know of the new approval..

[Confused&Worried]

no wonder you are confused..there is no such thing as two H1B visas..

 

and now about the worried part..you don't have to be ..as this is not a desi consulting company, but a reputed company with their own attorney and willing to pay as much as it costs to get you onboard ..seems they are handling the case in the right manner..let them handle it..just wait for one more month and they will let you know of the new approval..

Hi Cap-gap,

 

Thank you so much for your kind reply. Its really re-assuring. 

Actually what I meant by two H1Bs was that I have two approved H1B, that I have never used...

One was approved in July 2009, and the other one was approved in Jan 2014.

I am currently waiting for the denial reason, as the employers have assured me that they will decide on the course of action after they receive the reason. 

Do you think that filing for a new H1 Transfer with proper documentation & a strong need shown for my specialization will help? Kindly suggest.

Thanks again for your previous response.

[Confused&Worried]

 Hi all,

 

Guys please reply. I am very worried. Still waiting for the denial reason. What are the chances of approval if the same company is again applying for a fresh transfer, this time after creating 2 LCA s for different positions.

 

Thanks in advance. Awaiting replies & suggestions eagerly.

[cap-gap]

. I am very worried.

you already got all the advice you can get on your case with the limited information provided by you.. 

 

as you are a newbie to this wild goose chase called employment based immigration for Indians, I can offer one advice that I hope you will remember for the next decade(or more if things don't improve)...

 

there can be lot of uncertainties down the road in this immigration process..if you let it mess with your mind, your life would be miserable..things can go your way or go completely wrong way..just give your best shot to it and never loose focus on life during this process..