Approved H1 B Transfer in PP denied

[Confused&Worried]

Hi,

I have two H1 Approved Visas. I am working in India. I got the second H1 Approved Visa through a Company A (a consulting agency), but now I have changed my job to Company B (good and steady MNC), who had applied for a H1 Transfer in PP from Company A. PFB the details :
1st Feb : H1 Transfer was applied.
12th Feb : RFE was raised
14th Feb : RFE Response was sent
5th March : RFE was raised for PO
12th March : Response was sent
17th April : RFE Response Review
30th April : H1 Transfer was denied

This was a very good opportunity & I do not want to go back to the first company -A for getting an opportunity to work in US.
Now the Company B (a good & steady organization) is saying to file for:
1. 2 LCA for 2 different position
2. File for fresh H1 now in premium thru an attorney this time
3. In parallel depending upon what reason they get for denial would file for an MTR if they are sure about the same that they can break through.

The reason for denial is yet to be received, and I know for sure that the H1 has not been revoked by CompanyA
Now the question is since it already May which has started , so can they file for new fresh H1 in premium since the quota must be over by now or would it be a parallel new fresh H1 transfer (is it possible to file for new fresh h1 transfer ,since the Uscis official might be knowing my case )?
The second thing is can an MTR exist in parallel with the same company B ?

Please suggest what should be the best option in this case. I am very worried.

[raghvi]

H1 Cap for this year is already over so a fresh H1 is out of question. At best what can be tried is to revive the already cap exempt petition. As for MTR, it can take Months for a resolution, what steps is your employer taking to avoid another denial?

This is my opinion not legal advice.

[Confused&Worried]

H1 Cap for this year is already over so a fresh H1 is out of question. At best what can be tried is to revive the already cap exempt petition. As for MTR, it can take Months for a resolution, what steps is your employer taking to avoid another denial?

This is my opinion not legal advice.

Thank you so much for your reply, Raghvi.
Can you please suggest as to how the Cap Exempt petition can be revived? I am assuming that you are talking about the latest of the two H1 Approved Visas that I have. The previous one was approved in July 2009 (and is still under the 6 year cap), and the one that I am attempting to transfer was approved in Feb 2014.
As for the MTR, my employers will decide to file for one only after they receive the reason for denial, which is yet to come.

Also, would you suggest that they apply for a fresh H1 Transfer? Although today I will be having a lengthy discussion with my employers, but my feeling is that proper paperwork didn't go via them at the first place, or else why will the second RFE ask for PO.

Please suggest. I am really in a fix.

[Confused&Worried]

Hi All,


The reason for denial finally came. The reason that has been stated as 'Specialty Occupation'. It seems like they did not have a client letter with them while they filed for the transfer.
Now my company is planning to file for a new H1 Transfer, but they are pondering if they should file my H1 Transfer for a Pre-sales position, for which they actually want me to be in US, or for a IT-development position.

Which will be a better thing to do, and what all precautions should my Employer take at this time?
He has already opened 2 LCA for 2 different positions & is planning to apply for a new H1 Transfer in PP through an attorney this time.
Also what are the chances of getting the H1B Transfer approved this time through the same employer??
I am really worried & need urgent advice. Senior members, please suggest the best possible way.

Waiting eagerly for your advice.
Thanks in advance.