h1b transfer denial -pls help

[Girl21]

Hi, I got my H1B petition approved through A, got a good offer through B which applied for my transfer in premium processing. Now the transfer got denied and previous employer A revoked H1B. What are my possible options, I was on H4 visa before. Can I file my new H1B petition through a company, and use my I797A approved through A? Also, if yes, do I have to come back to H4 (on my husband's H1B) first or I can apply for a new petition directly? What are the chances of the petition getting approved? Am I counted out of status right now, if yes is there any grace period? Please suggest very urgent. Thanks in advance.

[raghvi]

Hi, I got my H1B petition approved through A, got a good offer through B which applied for my transfer in premium processing. Now the transfer got denied and previous employer A revoked H1B. What are my possible options, I was on H4 visa before. Can I file my new H1B petition through a company, and use my I797A approved through A? Also, if yes, do I have to come back to H4 (on my husband's H1B) first or I can apply for a new petition directly? What are the chances of the petition getting approved? Am I counted out of status right now, if yes is there any grace period? Please suggest very urgent. Thanks in advance.

Without dates the question is incomplete? Till when is the visa valid? Till when is I-94 with employer A valid? When did the employer filed transfer?

On H1 if you are not working and not getting paid you go out of status. There is no grace period.

Once out of status its not possible to file a COS to another status. Hence you may not be able to go back to H4 too.

Apart from appealing the denial the other option would be to leave US and re enter on a new employer's approved H1 petition or re enter on H4 visa.

This is my opinion not legal advice.

[Girl21]

h1b transfer denial -pls help

Thanks a lot for your help. My i94 with previous employer A is valid till oct 2016. Also, my husband is on h1b , can't I come back on h4 without leaving the country? Thanks

[raghvi]

You could have moved to H4 had you been in valid status currently.

Your decision to join the next employer without getting approval first and subsequent transfer denial as well as original petition's revoke leaves you out of status.

This is my opinion not legal advice.

[Girl21]

h1b transfer denial -pls help

Thanks Raghvi,

Can you tell me the safest way according to you. Like can you suggest the immediate steps required by me to take. Please help, it's so messed up. Thanks

[raghvi]

I cant suggest much apart from leaving US and re entering on H4 visa as soon as possible. If you have a valid H4 then you can go to a neighboring country and re enter on H4 visa.

This is my opinion not legal advice.

[Girl21]

h1b transfer denial -pls help

Thanks for your answer. Can I travel to Canada and get stamping done?

[Girl21]

Going to India for stamping

Hi Raghavi,

I appreciate your advice. I am planning to leave US and go to India, my home country for stamping. I am doing it in the next 2 days. I have an H4 stamping interview scheduled. One more advice, are there any chances of the H4 stamping getting denied? I mean to ask , do they ask my previous status in US? Because when I fill the DS160 form, it asks for any SSN number or previous employer. Please suggest what you think, its really urgent for me, thanks in advance.

[raghvi]

Chances of visa denial are always there but I dont think your H4 would be rejected because of the H1 issue. If you have SSN do disclose it, and also employer details.

This is my opinion not legal advice.