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  • H1 Transfer Rejection

    Hi

    How are you doing!
    I came to US on H1 that is valid till Sept, 2016.

    After coming here, I changed my employer and he had filed a new H1 in Nov, and I started working for the company from Dec 01, 2014 ( After he received the receipt).

    It took 3 months and still we haven't received any result from USCIS, so we converted it to Premium (As I had travel plans, and the stamp on my Passport is expired, I need this new petetion for stamping). We got an RFE on the petetion now, and we are going to answer it.
    But just in case if my petetion gets rejected, what is my status?

    1. Will I be out of status from Dec, or from the day I get rejection? After rejection, how many days will my employer/any other employer have to file a new H1. And when I get the receipt of this new Petetion, can I start work again?
    2. Should I immediately go back to my home country the moment petetion gets rejected, or do I have any grace period till which I can file a new petetion?
    3. In worst case, can I rejoin the old company where the petetion is still valid? In that case, what about this 4 months with the new company, is it legal as we received the receipt number?

    Appreciate your response and thanks for help.

    Regards
    Ravi

  • #2
    Originally posted by kiransaravi View Post
    Hi

    How are you doing!
    I came to US on H1 that is valid till Sept, 2016.

    After coming here, I changed my employer and he had filed a new H1 in Nov, and I started working for the company from Dec 01, 2014 ( After he received the receipt).

    It took 3 months and still we haven't received any result from USCIS, so we converted it to Premium (As I had travel plans, and the stamp on my Passport is expired, I need this new petetion for stamping). We got an RFE on the petetion now, and we are going to answer it.
    But just in case if my petetion gets rejected, what is my status?

    1. Will I be out of status from Dec, or from the day I get rejection? After rejection, how many days will my employer/any other employer have to file a new H1. And when I get the receipt of this new Petetion, can I start work again?
    2. Should I immediately go back to my home country the moment petetion gets rejected, or do I have any grace period till which I can file a new petetion?
    3. In worst case, can I rejoin the old company where the petetion is still valid? In that case, what about this 4 months with the new company, is it legal as we received the receipt number?

    Appreciate your response and thanks for help.

    Regards
    Ravi
    This is the exact reason its never recommended to join merely on the basis of receipt.

    1. In case your petition is rejected you immediately go out of status. And out of Status would be counted from last held valid status that is December. After rejection, you have to leave US. I would not advice trying for another transfer when already out of status for 4+ Months.
    2. Yes. No such grace period.
    3. If that position is still valid.The 4 Months would be considered out of status on your records.

    This is my opinion not legal advice.

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