Visa transfer got denied

[krisvija]

Hi All,

Below is my case status :

Current employer offer date : 3rd Mar 2013 (US hire)
Visa transfer initiation : 7th Mar 2013 (under premium)
RFE received : 26th Mar 2013
Current company joined in USA on receipt : 1st April (based on USCIS receipt)
RFE response sent : 16th April
Visa denial : 6th May

Previous emplyer revoked my visa so can't go back to prevous company
Reappeal file : Current employer said they will file for reappeal and I should go back to India and wait

Now my current employer is sayaing they have filled for reappeal and that USCIS has not reverted back to them ,however even after 4 months I don't see any update in USCIS portal for my receipt number WAC#.

Am I still cap exempt as my current employer wouldn't have fille I797 by the time it got rejected and my previous employer would have revoked my petition by then.

[Nattybone]

Hello, Krisvija.

Sorry to learn about your denial. What visa are you on, right now?

Cheers,

Hi All,

Below is my case status :

Current employer offer date : 3rd Mar 2013 (US hire)
Visa transfer initiation : 7th Mar 2013 (under premium)
RFE received : 26th Mar 2013
Current company joined in USA on receipt : 1st April (based on USCIS receipt)
RFE response sent : 16th April
Visa denial : 6th May

Previous emplyer revoked my visa so can't go back to prevous company
Reappeal file : Current employer said they will file for reappeal and I should go back to India and wait

Now my current employer is sayaing they have filled for reappeal and that USCIS has not reverted back to them ,however even after 4 months I don't see any update in USCIS portal for my receipt number WAC#.

Am I still cap exempt as my current employer wouldn't have fille I797 by the time it got rejected and my previous employer would have revoked my petition by then.

[krisvija]

Hello, Krisvija.

Sorry to learn about your denial. What visa are you on, right now?

Cheers,

Mine was H1 visa (sorry should have mention that).

[Nattybone]

Mine was H1 visa (sorry should have mention that).

You filed for a H1B transfer (I am sorry, i did not understand earlier). Ok. It seems, you are out of status now.

I feel, you should consider leaving USA. If you have been out of valid status for 4 months, you could be in difficulty, if you continue staying on. You will have to exit, anyway, as even an appeal approval would require you to exit the country to be on valid status.

And, Yes. You are cap exempt. There is a silver lining

I hope this helps.

[krisvija]

You filed for a H1B transfer (I am sorry, i did not understand earlier). Ok. It seems, you are out of status now.

I feel, you should consider leaving USA. If you have been out of valid status for 4 months, you could be in difficulty, if you continue staying on. You will have to exit, anyway, as even an appeal approval would require you to exit the country to be on valid status.

And, Yes. You are cap exempt. There is a silver lining

I hope this helps.

Thanks , But I came back to India, once I came to know that that visa is denied that is on 10th of May . So right now for the last 4 months I am in India.
However, my employer was saying if I accepet my rejection and dont want to wait for denial appeal (which I dont even know if its filled or not) they can only file my fresh petition next year April.

If I am cap exempt, can't my current employer file a fresh petition or other employer under cap exempt while I am in India ?

[Nattybone]

Thanks , But I came back to India, once I came to know that that visa is denied that is on 10th of May . So right now for the last 4 months I am in India.
However, my employer was saying if I accepet my rejection and dont want to wait for denial appeal (which I dont even know if its filled or not) they can only file my fresh petition next year April.

If I am cap exempt, can't my current employer file a fresh petition or other employer under cap exempt while I am in India ?

Hello,

You are cap exempt. Perhaps, this employer is thinking why a fresh application when the documents, employment everything is same. Hypothetically, you find a new employer C, that employer could file for your H1B tomorrow and you could go and work as soon as that petition is approved. Provided, you have not used up all your 6 years of H1B.

Cheers,

[krisvija]

Hello,

You are cap exempt. Perhaps, this employer is thinking why a fresh application when the documents, employment everything is same. Hypothetically, you find a new employer C, that employer could file for your H1B tomorrow and you could go and work as soon as that petition is approved. Provided, you have not used up all your 6 years of H1B.

Cheers,

Thanks so much for your time