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H1B Transfer denied ,Applied with another employer with in 10 days i94 expires in Dec

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  • H1B Transfer denied ,Applied with another employer with in 10 days i94 expires in Dec

    Hi Experts,

    I have a situation where i have a lot of confuion on my stay.

    I have applied the H1b Transfer with employer A to employer B and got denied. I got the denial notice fromthe attorney as well. THe denia notice says very very poor documentaiton even LCA was mistake,client name is different and duties was not mentioned correctly. A big blunder in documentaion even though i have a client litter.

    With the help of another employer C i have applied the transfer the of H1b with all relevent documentation with in 10 days of denial notice date in premium process.And iam waiting for the decison. But my i94 expires on dec 21,2014 as mention in my approved i797 from original employer

    My question is :
    1) If i get RFE by 17th or 18 Dec, Can i stay in the Country or i have to leave the country by 21 as my i94 is expired?
    2) Is it ok to leave country in the middle of Decision?
    3) DO i need to go again visa stamping in my home country ? i have stamping til 2015 October from Employer A.

    Please help me in understanding. Anyone helps is greatly appreciated.

    Thansk,
    Manchin

  • #2
    Hello, Manchin.

    If you filed for the transfer while still having legal H1B status (as you said it expires on 21 Dec 2014), you are good to stay in USA even if you get an RFE. I hope you have received the receipt from USCIS for the recent petition.

    I also feel you are ok to continue working but i am not 100% here, so please take a couple of other opinions too. It is generally preferred that the person does not leave the country while a petition is pending.

    If you leave for your home country while you are maintaining legal status in USA (i.e. 21 Dec 2014), i think you could come back on the old stamping (as long as the date October 2015 is valid) once this new petition is approved.

    I hope this helps.

    Personal opinion.

    Wishing you luck.

    Cheers,


    Originally posted by amanchin View Post
    Hi Experts,

    I have a situation where i have a lot of confuion on my stay.

    I have applied the H1b Transfer with employer A to employer B and got denied. I got the denial notice fromthe attorney as well. THe denia notice says very very poor documentaiton even LCA was mistake,client name is different and duties was not mentioned correctly. A big blunder in documentaion even though i have a client litter.

    With the help of another employer C i have applied the transfer the of H1b with all relevent documentation with in 10 days of denial notice date in premium process.And iam waiting for the decison. But my i94 expires on dec 21,2014 as mention in my approved i797 from original employer

    My question is :
    1) If i get RFE by 17th or 18 Dec, Can i stay in the Country or i have to leave the country by 21 as my i94 is expired?
    2) Is it ok to leave country in the middle of Decision?
    3) DO i need to go again visa stamping in my home country ? i have stamping til 2015 October from Employer A.

    Please help me in understanding. Anyone helps is greatly appreciated.

    Thansk,
    Manchin
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

    Comment


    • #3
      Thanks for you time and explains the things.

      So even though my I94 expires on 21st december i can stay with the receipt number. My new employer applied the H1b and we got the Receipt number. 19th of Dec is the last day for 15 day premium process period, So by that i can get the some decision. IF i get RFE then , i can stay till by decision. But my question is I94 expires on dec 21.
      In this case i need to leave the country and return back with my old stamping (Valid till OCT 2015 ) with the approved petition. Correct me if iam wrong.

      Aprreciate any one response.

      Thanks,
      Amanchin

      Comment


      • #4
        Amanchin,

        As you had filed for an extension before your I-94 expires, you are good to stay beyond your I-94 date till you get a decision. If you get denied and this decision happens after your I-94 expiry (you should then leave the country), then you will have to carry this denial notice with you when you enter USA next time - for showing to the officer at the POE (Port of Entry).

        If you want to leave before December 21, you could do so but as far as i understand - a pending petition allows one to stay beyond the I-94 period. Should you leave, you could enter on old H1B stamp passport (with valid date) and fresh I-797 approval notice. Do take some clarity from others (Raghvi on this forum is quite fabulous - you could write to her) on whether you can work in this period or not, should you decide to stay in USA, but you can definitely stay while your petition is pending.

        Personal opinion. I hope this helps.

        All the best.

        Originally posted by amanchin View Post
        Thanks for you time and explains the things.

        So even though my I94 expires on 21st december i can stay with the receipt number. My new employer applied the H1b and we got the Receipt number. 19th of Dec is the last day for 15 day premium process period, So by that i can get the some decision. IF i get RFE then , i can stay till by decision. But my question is I94 expires on dec 21.
        In this case i need to leave the country and return back with my old stamping (Valid till OCT 2015 ) with the approved petition. Correct me if iam wrong.

        Aprreciate any one response.

        Thanks,
        Amanchin
        These are my personal thoughts. I am not a professional.

        Wishing you luck.

        Comment


        • #5
          Hi
          I got my approved I797 with i94. Thanks for all your timely valuable information

          Thanks,
          Amanchin

          Comment


          • #6
            Hi Amanchin,
            When you reapply transfer with new employer, do you know if your old petition with earlier employer was valid or revoked? My case is similar that I transferred H1 to one employer B which got denied and I am yet to get the receipt. My previous employer A revoked my petition. I am planning to apply H1B transfer with another employer. Need to know if this is possible. I have I94 valid till 2017.


            Originally posted by amanchin View Post
            Hi
            I got my approved I797 with i94. Thanks for all your timely valuable information

            Thanks,
            Amanchin

            Comment


            • #7
              H1B transfer denied and my old employer revoked the H1B petition

              I got in uscis web site that my H1B transfer denied and my old employer revoked the H1B petition already 5 months back when I joined my current employer. I have I94 valid for 1+ years from now. Can I apply another H1B transfer with other employer?

              Comment


              • #8
                Originally posted by Binal View Post
                I got in uscis web site that my H1B transfer denied and my old employer revoked the H1B petition already 5 months back when I joined my current employer. I have I94 valid for 1+ years from now. Can I apply another H1B transfer with other employer?
                Your I-94 should be associated with the I797 for the employer you are working with currently. An old I-94 associated with a revoked I797 or associated with an employer you are no longer working pretty much holds no significance.

                This is my opinion not legal advice.

                Comment


                • #9
                  Originally posted by Binal View Post
                  I got in uscis web site that my H1B transfer denied and my old employer revoked the H1B petition already 5 months back when I joined my current employer. I have I94 valid for 1+ years from now. Can I apply another H1B transfer with other employer?
                  Hi Binal,
                  Am in the same boat at this time. I94 and H1b petition which was approved till next year, was withdrawn by A. Company B which I joined on receipt is now RFE and denied. Have employer C ready to file for new H1 transfer immediately.
                  So, did you apply for h1b transfer with another employer C? How did it work out?
                  What to do.

                  Appreciate any help.

                  Comment


                  • #10
                    Hi Binal/Kau_ber,

                    Could you please let me know how did you proceed with your cases? I am also in exact situation.

                    Thanks,

                    Comment

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