Employer Filing H1b Transfer again after rejection

[ineelabh]

Hi,

Need help on below question.

1. I joined employer B on petition number (Still regretting my decision) , after joining within 2 weeks my transfer petition got rejected. I am right now in US and not working ( On leave since then). My Employer is waiting on getting rejection notice from USCIS. Whatever is outcome of denial , can my new employer file a new H1b Transfer again.

2. If i moved to india and can my employer B file a new H1B Cap exempt petition after initial H1b transfer denial.


Regards,
Neel

[raghvi]

Hi,

Need help on below question.

1. I joined employer B on petition number (Still regretting my decision) , after joining within 2 weeks my transfer petition got rejected. I am right now in US and not working ( On leave since then). My Employer is waiting on getting rejection notice from USCIS. Whatever is outcome of denial , can my new employer file a new H1b Transfer again.

2. If i moved to india and can my employer B file a new H1B Cap exempt petition after initial H1b transfer denial.


Regards,
Neel

You technically will go out of status unless the denial is overturned. Moving to India with same employer may not be much fruitful either. What needs to be determined is why was it rejected in first place.

This is my opinion not legal advice.

[ineelabh]

NEW H1B with cap exempt

You technically will go out of status unless the denial is overturned. Moving to India with same employer may not be much fruitful either. What needs to be determined is why was it rejected in first place.

This is my opinion not legal advice.

Thanks Raghvi,


I am right now out of status, but my employer is going to file a fresh H1B with CAP Exempt "As i have orginial H1B valid till Nov 2014". They told me , if it is less then 60 Days they can file a H1B cap exempt.

I wanted to validate the same.


Regards,
Neel

[symrise]

Thanks Raghvi,


I am right now out of status, but my employer is going to file a fresh H1B with CAP Exempt "As i have orginial H1B valid till Nov 2014". They told me , if it is less then 60 Days they can file a H1B cap exempt.

I wanted to validate the same.


Regards,
Neel

I am also in same situation a..what happen to ur case..ur new visa got approved and did u went for stamping again

[Ashchac]

Thanks Raghvi,


I am right now out of status, but my employer is going to file a fresh H1B with CAP Exempt "As i have orginial H1B valid till Nov 2014". They told me , if it is less then 60 Days they can file a H1B cap exempt.

I wanted to validate the same.


Regards,
Neel

HI,
what happened to yuor case. i am also in same situation. MY H1b transfer got denied yesterday.