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  • H1b transfer rejected

    I hold H1b visa through two companies. Company "A" whom I worked for. Company "B", whom I planned to join in
    the near future. I got an offer from company "C" but my H1b transfer got rejected through company "C".

    I do not know whether company "A" has already sent out a termination notice to USCIS.

    Please help me in knowing the following -
    - Can I go through company "B" for H1b transfer. If so, will they come to know that I had applied through "C" and was rejected.
    - What are the current options I have
    - How do I re appeal

    Any help regarding this will be highly appreciated.

  • #2
    I hold H1b visa through two companies. Company "A" whom I worked for. Company "B", whom I planned to join in the near future. I got an offer from company "C" but my H1b transfer got rejected through company "C".
    >>> What you do mean when you say that you have two H1B visas? Visa is the one that is stamped in the passport. I hope you are trying to say that you the petition approved for Company A and B.

    I do not know whether company "A" has already sent out a termination notice to USCIS.

    Please help me in knowing the following -
    - Can I go through company "B" for H1b transfer.
    >>> Yes. Alternatively, if company B's petition is still valid, then you can leave the country and return back on Company B's petition and start working for them.

    If so, will they come to know that I had applied through "C" and was rejected.
    >>> No.

    - What are the current options I have
    >>> Read the above answer.

    - How do I re appeal
    >>> You mean re appeal Company C's rejection. Well, Company C can open an MTR, if that is what you are trying to ask.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thank you Shervin for your prompt response.

      Yes I meant approved petition.

      Also, I would like to know if there is any premium processing that I can ask my employer to go through for opening MTR? Please let me know

      Could you please let me know the following too -
      My H1b got rejected friday, so does that mean I'm out of status from Monday ? Also how long can I stay out of status ?
      Last edited by bn2000; 06-19-2011, 12:44 AM.

      Comment


      • #4
        Also, I would like to know if there is any premium processing that I can ask my employer to go through for opening MTR? Please let me know
        >>> There is no premium on MTR.

        Could you please let me know the following too -
        My H1b got rejected friday, so does that mean I'm out of status from Monday ? Also how long can I stay out of status ?
        >>> It depends on who your current employer is. If you are currently employed with Company A and their petition is still valid, then you are good. If you are employed with company C, then your employment is illegal and you are either out of status (if you have a valid I-94 at present) or on illegal stay (If your I-94 has expired). There is no grace period when you are out of status or on illegal stay.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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