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What will happen after H1 transfer denied, not yet entered US

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  • What will happen after H1 transfer denied, not yet entered US

    Dear Experts,

    I am working for Company A. I applied for a job in US and I got my H1B through Company B last year. Not yet traveled. Now my current company is ready to process H1 Transfer. I have the below doubts

    1. What is the success rate of H1 getting transferred? How long it will take?
    2. Whether I need to attend consulate interview again and should get visa re-stamped ?
    3. If my H1 getting transferred either though Normal process or Premium process, After how many days I can travel?
    4. If my H1 transfer to Company A denied due to some reason, Is it possible to go through Company B itself?
    5. Is there any possibility Company B will come to know about H1 transfer?
    6. If they got to know, is it possible for them to cancel the petition? or visa?
    7. Assume, Company B cancelled the petition and my H1 transfer to Company A also denied, What will happen?

    Regards,
    Chitty

  • #2
    Originally posted by chitty View Post
    Dear Experts,

    I am working for Company A. I applied for a job in US and I got my H1B through Company B last year. Not yet traveled. Now my current company is ready to process H1 Transfer. I have the below doubts

    1. What is the success rate of H1 getting transferred? How long it will take?
    2. Whether I need to attend consulate interview again and should get visa re-stamped ?
    3. If my H1 getting transferred either though Normal process or Premium process, After how many days I can travel?
    4. If my H1 transfer to Company A denied due to some reason, Is it possible to go through Company B itself?
    5. Is there any possibility Company B will come to know about H1 transfer?
    6. If they got to know, is it possible for them to cancel the petition? or visa?
    7. Assume, Company B cancelled the petition and my H1 transfer to Company A also denied, What will happen?

    Regards,
    Chitty
    1. There is no such statistic available in public domain. If its a genuine job/employer is shouldnt be a problem. It typically takes 3-4 weeks in premium, 3-4 Months in normal processing, if no RFEs.
    2. No need, your existing visa is valid till its validity date.
    3. As soon as you get the new approved I797 with you.
    4. Yes as long as their petition is valid.
    5. Not unless you or Company A tells them.
    6. Even if they cancel all they can do is revoke the petition which doesnt matter as Company A is anyhow processing a new petition. They cannot cancel the visa as visa is already in your passport only a US Govt authority can do it.
    7. Find company C ...or D....or E....

    This is my opinion not legal advice.

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