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H1 Transfer got denied.. Need Help

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  • H1 Transfer got denied.. Need Help

    I was working for a company A and Joined company B in Oct 2013. The H1B transfer was filed under regular processing and it got denied in March 2014 due to employer employee relationship. My employer is refiling the case. According to the denial letter I can stay till my I-94 date. Just wanted to know two things
    1. Will refiling the case can work..?
    2. If i can find any company C ready to hire me. Can they initiate my H1 transfer..?

  • #2
    Originally posted by Cnfuzdimigrant4 View Post
    I was working for a company A and Joined company B in Oct 2013. The H1B transfer was filed under regular processing and it got denied in March 2014 due to employer employee relationship. My employer is refiling the case. According to the denial letter I can stay till my I-94 date. Just wanted to know two things
    1. Will refiling the case can work..?
    2. If i can find any company C ready to hire me. Can they initiate my H1 transfer..?
    When is your I-94 expiring?
    1. It depends upon reason for denial and even evidence can be submitted to revert the decision.
    2. Yes, but has to be done before I-94 expiry preferably in premium.

    This is my opinion not legal advice.

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    • #3
      Originally posted by raghvi View Post
      When is your I-94 expiring?
      1. It depends upon reason for denial and even evidence can be submitted to revert the decision.
      2. Yes, but has to be done before I-94 expiry preferably in premium.

      This is my opinion not legal advice.
      My I-94 is valid till Oct 2014, I talked to one company.. they said as My H1 transfer is denied, I am currently Out of status, so The cannot file any H1 transfer. They said I'll have to go back to India and then they can file my H1 under Cap exempt.

      Comment


      • #4
        Originally posted by Cnfuzdimigrant4 View Post
        My I-94 is valid till Oct 2014, I talked to one company.. they said as My H1 transfer is denied, I am currently Out of status, so The cannot file any H1 transfer. They said I'll have to go back to India and then they can file my H1 under Cap exempt.
        Oh Sorry, I missed the part where you mentioned that you already started working for B. What C is telling is right unless the Transfer to B is approved, you will be out of status.

        To avoid such mess, one shouldn't start working unless one gets approval.

        This is my opinion not legal advice.

        Comment

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