Urgent Help... H1B Transfer denied

[naga51013]

Hi All,

I have a valid H1B Visa from Company A & I travelled to U.S through company A. I have also had H1B Transfer approved petition documents from Company B before I travelled to US through company A.

Recently I have resigned from company A and Joined in another company C. Company C has filed the H1B transfer with regular processing and received a RFE of my H1B process and RFE documents were submitted. But unlucky Company C H1B petition is denied (USCIS reason is I am out of status for 30 days while switching the company A to C).

Here I have the below questions.

1.Company B has approved petition which is still valid they didn’t revoke still. Can I move to Company B?
2.If I moved to company B what are necessary actions need to be taken care by company B. Do they need to submit any documentation / paper work to USCIS stating that this guy is moving from company C to Company B or etc?
3.If I switch to company B do I need to go for stamping (I have a valid visa till Aug 31st 2014)?
4.If I join company B, do company C has to revoke the existing petition filled which has the status of denied.

Please respond...

[raghvi]

Hi All,

I have a valid H1B Visa from Company A & I travelled to U.S through company A. I have also had H1B Transfer approved petition documents from Company B before I travelled to US through company A.

Recently I have resigned from company A and Joined in another company C. Company C has filed the H1B transfer with regular processing and received a RFE of my H1B process and RFE documents were submitted. But unlucky Company C H1B petition is denied (USCIS reason is I am out of status for 30 days while switching the company A to C).

Here I have the below questions.

1.Company B has approved petition which is still valid they didn’t revoke still. Can I move to Company B?
2.If I moved to company B what are necessary actions need to be taken care by company B. Do they need to submit any documentation / paper work to USCIS stating that this guy is moving from company C to Company B or etc?
3.If I switch to company B do I need to go for stamping (I have a valid visa till Aug 31st 2014)?
4.If I join company B, do company C has to revoke the existing petition filled which has the status of denied.

Please respond...

If USCIS has determined that you are out of status then any employer change/transfer will not help you all such requests will most likely be denied. Advisable to leave US and re enter with the petition of the employer you wish to work for. Better still if you can go for new visa stamp for the employer you wish to work for to start a fresh slate.

This is my opinion not legal advice.