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H1 B Transfer

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  • H1 B Transfer


    I have put papers with my current employer company A and came to other company B.
    I had a H1-B which expired on Sep 30th and the company B had filed a H1 B transfer on 12th Sep in premium processing which got rejected.
    Can company B refile my H1-B transfer since my H1-B got expired on Sep 30 .
    If not what are my options of staying in US and working ?
    Kindly suggest some solution.

    Thank you

  • #2
    They can file again, but it will not be approved with an I-94. You will have to leave the US, obtain H1B Visa and return.
    Why was it denied? They will need to address that also, to get an approval.

    You are accruing illegal presence as it is.
    This is my opinion and not legal advice.


    • #3
      My I-94 expired on Sep 30 the same day my H1 B petition got expired.

      So, Proper way to do is to go back to india and once the consultancy applies and gets Visa approved. I have to do stamping and then come back to US rite ?

      I heard like can stay in USA for 30 days from the day petition got rejected for vacating home, selling car and all those stuff.

      Mean while consultancy can apply H1 B Transfer again and I would be able to stay once they applied that is this a proper way to do ?


      • #4
        No there is no such 30 day period. You have to leave immediately.
        This is my opinion and not legal advice.