H1B Transfer Rejected

[funnylife]

Recently I changed my job from Employer A to B. As soon as Employer B filed my H1B transfer, I joined them and started to work. After 60 days(July 25) of I129 application, my attorney didn't receive the Receipt or decision notice.So they checked with USCIS about my case and found that the case was rejected on Jun 9.Immediately,on July 25 they raised a Service Request.Later my Employer B found that all the checks were en-cashed on Jun 12.The service request response (15 days) deadline is on Aug 9. My Employer A revoked the H1B on July 24.So I'm out of status now.The reason for the rejection is provided below. I saw several threads with the same scenario.But I don't see the decision for those cases.

On June 9, 2012, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted an incorrect fee. Therefore, we have rejected your case and returned it to you, including all supporting materials and the incorrect fee. Please review the instructions on the rejection notice you received prior to re-submitting your case.

Any suggestions? Should I leave US immediately.But my employer wants me to work as we have project deadlines by mid-august and he is not happy with these legal issues.

Please let me know what to do.I'm really confused and don't know what to do.You help is highly appreciated.

[rvisak]

Recently I changed my job from Employer A to B. As soon as Employer B filed my H1B transfer, I joined them and started to work. After 60 days(July 25) of I129 application, my attorney didn't receive the Receipt or decision notice.So they checked with USCIS about my case and found that the case was rejected on Jun 9.Immediately,on July 25 they raised a Service Request.Later my Employer B found that all the checks were en-cashed on Jun 12.The service request response (15 days) deadline is on Aug 9. My Employer A revoked the H1B on July 24.So I'm out of status now.The reason for the rejection is provided below. I saw several threads with the same scenario.But I don't see the decision for those cases.

On June 9, 2012, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted an incorrect fee. Therefore, we have rejected your case and returned it to you, including all supporting materials and the incorrect fee. Please review the instructions on the rejection notice you received prior to re-submitting your case.

Any suggestions? Should I leave US immediately.But my employer wants me to work as we have project deadlines by mid-august and he is not happy with these legal issues.

Please let me know what to do.I'm really confused and don't know what to do.You help is highly appreciated.

Since you are out of status you should leave US ASAP to avoid accruing more unlawful presence. As it is, you have stayed illegaly for 60+ days now

[funnylife]

Since you are out of status you should leave US ASAP to avoid accruing more unlawful presence. As it is, you have stayed illegaly for 60+ days now

Thanks for your response.I'm planning to travel immediately.My employer is planning to apply for another H1B visa PP today/Monday.

[funnylife]

Since you are out of status you should leave US ASAP to avoid accruing more unlawful presence. As it is, you have stayed illegaly for 60+ days now

Thank you rvisak for your response. I'm planning to leave US on Sunday. I have some questions:

1. My employer said that they are processing premium petition for my H1B, once the petition gets approved ,I can get it stamped in home country and come back in H1 status.This might take at least one month.
2. My spouse is in H1B status. How long will it take for me to get H4 stamped? Which one will be the earliest?
3. If I come to US in H4, should my employer file COS for the approved H1B petition thru Premium processing?How will it work?
4. Also, in Form DS-160, should I mention that I stayed in US illegally? I have my payslips till July 30. But don't have H1B transfer receipt or Rejection notice.So for 4 days, my employer didn't pay me.


I'm a novice in this area. Please guide me.

[funnylife]

Thank you rvisak for your response. I'm planning to leave US on Sunday. I have some questions:

1. My employer said that they are processing premium petition for my H1B, once the petition gets approved ,I can get it stamped in home country and come back in H1 status.This might take at least one month.
2. My spouse is in H1B status. How long will it take for me to get H4 stamped? Which one will be the earliest?
3. If I come to US in H4, should my employer file COS for the approved H1B petition thru Premium processing?How will it work?
4. Also, in Form DS-160, should I mention that I stayed in US illegally? I have my payslips till July 30. But don't have H1B transfer receipt or Rejection notice.So for 4 days, my employer didn't pay me.


I'm a novice in this area. Please guide me.

The issue got resolved without leaving the country. My attorney filed a new H1B petition under premium processing and the case got adjusted.Now I have my approved petition

[Rahul_Singh]

Hi ,
How many days it took for ur approval under premium processing.

Thanks,
Rahul

[funnylife]

Hi ,
How many days it took for ur approval under premium processing.

Thanks,
Rahul

I got the receipt notice in three days and approval in 12 days. I didn't get any RFEs.

[rajithadhar]

H1 enquiry | urgent

I got the receipt notice in three days and approval in 12 days. I didn't get any RFEs.

This is on behalf of my friend...

In search of job I transferred my H1 to Employer B on May 11th and was supposed to join In July Mid, but due to health conditions, I couldnt join the company B. I tried to extend my notice period and and My last working day in Employer A was Aug 6th 2012.

I have found out from a local attorney and he mentioned that for within 60days you need to search anew employer as INS would check if it is more than 60 days it would reject the H1 transfer - which was wrong...

I started to search for job again and now employer C is going to do H1 transfer in next 10-15 days(Offer letter is yet to roll out).

After consulting Immigration attorney - he mentioned to if I want to stay in US, then I can file h1 transfer with Employer C with late excuse Exemption- Can any one help how does this work?

Actually it will take 3 more weeks for Employer C to file h1, then it be would too late.. so I can I file h1 transfer immediatley with Employer D..if i could get anyone who can file so fast..could any one please respond on to my email([email protected]).if you know any consultancy which can do h1 transfer so fast with situation like this?

Thanks,
Rk

[Deepak Devatha]

I got the receipt notice in three days and approval in 12 days. I didn't get any RFEs.

I have doubt is it 15 days or 15 Working days?

[chetanbecs]

So even after 60 days u didn't receive the receipt notice, but still started working?

So even after 60 days u didn't receive the receipt notice, but still started working at Employer B without the transfer receipt notice?
If fee was incorrect I believe USCIS will not provide receipt number I guess. Please let me know. Thanks.

Recently I changed my job from Employer A to B. As soon as Employer B filed my H1B transfer, I joined them and started to work. After 60 days(July 25) of I129 application, my attorney didn't receive the Receipt or decision notice.So they checked with USCIS about my case and found that the case was rejected on Jun 9.Immediately,on July 25 they raised a Service Request.Later my Employer B found that all the checks were en-cashed on Jun 12.The service request response (15 days) deadline is on Aug 9. My Employer A revoked the H1B on July 24.So I'm out of status now.The reason for the rejection is provided below. I saw several threads with the same scenario.But I don't see the decision for those cases.

On June 9, 2012, we determined that this I129 PETITION FOR A NONIMMIGRANT WORKER was not properly filed because you submitted an incorrect fee. Therefore, we have rejected your case and returned it to you, including all supporting materials and the incorrect fee. Please review the instructions on the rejection notice you received prior to re-submitting your case.

Any suggestions? Should I leave US immediately.But my employer wants me to work as we have project deadlines by mid-august and he is not happy with these legal issues.

Please let me know what to do.I'm really confused and don't know what to do.You help is highly appreciated.

[vivek.kallur]

Need advice on similar matter

I got the receipt notice in three days and approval in 12 days. I didn't get any RFEs.

Hi I have similar situation where my transfer of client/project petition has been rejected. Can I resolve this staying here in US itself. ?