H1 transfer Denial.. plz advise

**priyaangadi** · 05-17-2011, 12:13 PM

Hi,

I hold a H1 from company 'A' and had applied for H1 transfer to company 'B' in october. company 'A' promised not to revoke the visa till it expires and asked me to look for other job and have it transferred.

Now had an RFE and the transfer got denied because not having the client letter(Policy of the client not to release any client letter to a consultant).

Now the question is:

1,How long can I work for this client whom am working currently with company B petitition which is now denied?

2.Primary vendor offered H1 tranfer for the same client. So do I wait till they file H transfer and then rejoin? or just keep working for the client as anyways the prime vendor is applying for H transfer.
(Note: H1 from A is still valid)

early response appreciated.

Thanks,

**shervin143** · 05-17-2011, 05:04 PM

1,How long can I work for this client whom am working currently with company B petitition which is now denied?
>>> You have to stop working immediately. You have already worked without proper authorization from USCIS. Any employment with Employer B will be considered illegal without proper authorization.

2.Primary vendor offered H1 tranfer for the same client. So do I wait till they file H transfer and then rejoin? or just keep working for the client as anyways the prime vendor is applying for H transfer.
(Note: H1 from A is still valid)
>>> I don't think your transfer will get approved with a new I-94. Irrespective of whether the H1B petition from Company A is valid or not, without proper payslips from Company A, you are out of status on H1B. Do consult an attorney. The best bet is to leave the country now, ask the vendor to process the H1B as a consular process (maybe in premium process) and when that gets approved, return back with that approval notice and a valid H1B visa. If you have a valid visa from your previous employer, you can use that to re-enter.