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  • H1B Transfer Denied, Need Help and Advice

    Hi all! I have a tough situation here hope you can provide advice, thanks in advance!

    I got my initial H1B at company A in 2014 and effective on 10/1/2014, with I-94 expiration date set to 2017;
    One month later(Nov. 2014) I accepted offer from company B and filed H1B transfer, and I started working at company B with receipt notice. Company A then revoked my H1B several weeks later.

    Everything seemed fine for a while, and then **** happened. On 5/11/2015, my H1B transfer got denied... Company B(current employer) is hiring another lawyer to re-file my case. From what I was told by the lawyer, the new H1B petition was filed as consular processing, which means once it's approved, I need to go back to my home country to get a new H1B visa to re-enter US.

    Here are my questions:
    1. What's my best possible reaction to this situation?
    2. Since the H1 transfer got denied on 5/11, my status suddenly became "illegal" now, will this become an issue when I try to get my H1B visa via consular processing?
    3. What's the odds that I get denied for the H1B visa? (My employer is an Internet startup in SF, with a total of ~50 employees)

    Your kind advices will be appreciated. Thanks a lot!

  • #2
    Originally posted by pdxc View Post
    Hi all! I have a tough situation here hope you can provide advice, thanks in advance!

    I got my initial H1B at company A in 2014 and effective on 10/1/2014, with I-94 expiration date set to 2017;
    One month later(Nov. 2014) I accepted offer from company B and filed H1B transfer, and I started working at company B with receipt notice. Company A then revoked my H1B several weeks later.

    Everything seemed fine for a while, and then **** happened. On 5/11/2015, my H1B transfer got denied... Company B(current employer) is hiring another lawyer to re-file my case. From what I was told by the lawyer, the new H1B petition was filed as consular processing, which means once it's approved, I need to go back to my home country to get a new H1B visa to re-enter US.

    Here are my questions:
    1. What's my best possible reaction to this situation?
    2. Since the H1 transfer got denied on 5/11, my status suddenly became "illegal" now, will this become an issue when I try to get my H1B visa via consular processing?
    3. What's the odds that I get denied for the H1B visa? (My employer is an Internet startup in SF, with a total of ~50 employees)

    Your kind advices will be appreciated. Thanks a lot!
    When you say the transfer got denied, do you mean the petition itself got denied, or it got approved, but you didnt receive a new I-94(I797B instead of I797A) ?

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      When you say the transfer got denied, do you mean the petition itself got denied, or it got approved, but you didnt receive a new I-94(I797B instead of I797A) ?

      This is my opinion not legal advice.
      I mean the petition itself got denied. We are currently working with a new lawyer to re-file a new petition.

      Comment


      • #4
        What was the reason for denial?

        Comment


        • #5
          Originally posted by raghvi View Post
          What was the reason for denial?
          Finally got the notice in mail. The lawyer made a mistake --he had selected a OES position, which typically does not require a Bachelor's degree (I have a Masters). The new lawyer is filing new LCA and H1B petition, with new position.

          Comment

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