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H1 Transfer Denied - URGENT advice needed

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  • H1 Transfer Denied - URGENT advice needed

    I was working with Company A on H1b until Aug-31-2015. I received offer from Company B and joined them on H1b transfer receipt notice on 24-Aug-2015.
    I came to know my H1B transfer petition by Company B is denied by USCIS after 1 RFE (Case was denied on 09-Oct-2015).
    Company B (ie.current employer) said reason for denial is due to less duration of project mentioned on client letter which is only 6 months.

    In mean time Company C has offered me job and they have already applied for H1b transfer on 06-Oct-2015 in premium processing and have receipt number.
    I am wondering what options do I currently have. how can I have continue to be on status.


    Few Questions:

    1. Can I join company C based on receipt number they have? or should i have to wait until it is approved.

    2. Current employer (i.e, Company B) is working with attorneys to find out what options I have.
    can company B file a new petition. What happens in mean time petition is applied and is in process, can I continue to work?

    3. How Can I know if Company A has revoked my H1B petition.

  • #2
    1. Yes, you can. I think you should.
    2. B can file an appeal or MTR, but it is not highly likely to be approved.
    3. Revocation by A is irrelevant. But you can ask them.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thanks Kabkaba.

      I think the best course of action for me is to immediately join Company C (without waiting for approval). is that correct ?

      Another question:

      Am I in status now?, since Company C applied for transfer before we have received denial for transfer petition from company B?

      Comment


      • #4
        Have you joined the new company???

        Hi Vinay,

        Have you joined the new company?
        What is the issue.
        I have responded to my RFE (on premium processing) as of last week and still the USCIS has not got back.
        This is getting me little tensed and I am having a thought of searching for new job as well.

        So immihelp forum members, please advise me if I should keep my search on.

        Regards,
        Raj

        Comment

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