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  • H1b Transfer Denied

    Hi ,

    I am in tricky situation.

    I have transferred from Company A to Company B .but the transfer got denied.
    The reason for denial is Out of status for one day while filing the petition from company B

    My Payroll with Company B started on Feb 2 but the Company A revoked my H1b on Feb 1st..so this one day is the reason for Out of status..


    What are the chances for me ..if I apply for MTR will they consider..

  • #2
    Was the petition entirely denied or approved without I-94?

    What was your last day at work at A and what was the receipt date for B's petition? If there is a gap between the two, an appeal is not likely to be successful. Also, this gap is likely more than 1 day. USCIS does generally ignore a few days gap.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      Was the petition entirely denied or approved without I-94?

      What was your last day at work at A and what was the receipt date for B's petition? If there is a gap between the two, an appeal is not likely to be successful. Also, this gap is likely more than 1 day. USCIS does generally ignore a few days gap.

      Thanks for you reply..

      The petition is entirely denied..My lawyer is applying for MTR

      LAst day of work at Company A is Jan 2nd and the reciept date is Feb 2nd at company B...

      H1b status from company A got Revoke on Feb1rd ..this is mentioned in the Denial Notice...

      Comment


      • #4
        The appeal will at most result in petition approval. Your status is very less likely to be extended. Appeal does not give you any legal status, you remain out of status.
        This is my opinion and not legal advice.

        Comment


        • #5
          Originally posted by kabkaba View Post
          The appeal will at most result in petition approval. Your status is very less likely to be extended. Appeal does not give you any legal status, you remain out of status.
          If I apply for a new h1b transfer with a different company will that work?

          If I change to F1 will I be in status ?

          Comment


          • #6
            You are out of status, you cannot change or extend your status.
            This is my opinion and not legal advice.

            Comment

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