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  • h1b transfer denied

    Hi There,

    I had entered into the country with Company A H1B visa. Due to some issues I planned to transfer to company B .

    While the H1 is in transfer , I started working for company B.

    H1B transfer got denied but still don't know the reason why it got denied.

    Company A had not revoked my H1B , My I-797 with the company is still valid till 2016,

    I have a valid I-94 and I-797 and valid visa stamping

    My questions are,

    What could be the reason why it got denied ( any wild guess , since I have provided all the doc's USISC need) ?

    Can I still work for company B ? If so

    what are the odds I can still work with company B ( like how many days ) since they are going to review the reason for denial and do apply for MTR ?

    Also company B is saying that they will apply a new petition again ? Would it be risky if they apply a new petition , I personally don't want to go to company A ?

    According to company B they are saying I can still work with them. I am so confused .

    Please help me and advise me.

    Regards,
    PR

  • #2
    Originally posted by punnapr View Post
    Hi There,

    I had entered into the country with Company A H1B visa. Due to some issues I planned to transfer to company B .

    While the H1 is in transfer , I started working for company B.

    H1B transfer got denied but still don't know the reason why it got denied.

    Company A had not revoked my H1B , My I-797 with the company is still valid till 2016,

    I have a valid I-94 and I-797 and valid visa stamping

    My questions are,

    What could be the reason why it got denied ( any wild guess , since I have provided all the doc's USISC need) ?

    Can I still work for company B ? If so

    what are the odds I can still work with company B ( like how many days ) since they are going to review the reason for denial and do apply for MTR ?

    Also company B is saying that they will apply a new petition again ? Would it be risky if they apply a new petition , I personally don't want to go to company A ?

    According to company B they are saying I can still work with them. I am so confused .

    Please help me and advise me.

    Regards,
    PR
    They would not generally have deny it out rightly without first issuing an RFE. If you had an RFE what was it about? Also denial notice will tell the reason for denials. Have you checked with your employer/attorney?

    Applying for MTR doesnt allow you to work for the employer beyond the expired I-94. Also a continuous stay in US, beyond I-94 expiry, while MTR is pending, accrues unlawful presence, a long unlawful presence can trigger a ban.

    An MTR can take Months if not years, so weigh your options and act accordingly.

    This is my opinion not legal advice.

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