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H1B Visa transfer denied

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  • H1B Visa transfer denied

    Hi,
    I joined Company B in the month of Dec, 2015 after receiving the receipt no. I got the payroll from Company B for Dec already.
    We got the news that it has been denied. My previous Company A did not revoked my H1, which is valid till one more year.
    Company B is now filing an MTR. I heard from so many people that, as i have a valid I-94 for one more year, so i can stay here
    and apply for a company C.
    Can you please answer my below questions:

    1) As i have a valid I94 for one more year, can i join company C once i get the receipt number?
    2) If Company A tried to revoke my H1b today, then can i still be in US with Company C visa procesS?

    Thanks
    Sri

  • #2
    Originally posted by sriramcrm503 View Post
    Hi,
    I joined Company B in the month of Dec, 2015 after receiving the receipt no. I got the payroll from Company B for Dec already.
    We got the news that it has been denied. My previous Company A did not revoked my H1, which is valid till one more year.
    Company B is now filing an MTR. I heard from so many people that, as i have a valid I-94 for one more year, so i can stay here
    and apply for a company C.
    Can you please answer my below questions:

    1) As i have a valid I94 for one more year, can i join company C once i get the receipt number?
    2) If Company A tried to revoke my H1b today, then can i still be in US with Company C visa procesS?

    Thanks
    Sri
    You should not have joined merely on receipt basis.

    Merely having a valid I-94 does not make you in status. One needs to have valid approved petition for the employer who is currently paying you as well as having a valid I-94 with that petition.

    1. I would not suggest that.
    2. It no longer matters as you are not getting paid by A now.

    MTR can take months to reach a decision. I would advise leaving US, getting petition approved for C and re entering with C's approved petition in hand.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      You should not have joined merely on receipt basis.

      Merely having a valid I-94 does not make you in status. One needs to have valid approved petition for the employer who is currently paying you as well as having a valid I-94 with that petition.

      1. I would not suggest that.
      2. It no longer matters as you are not getting paid by A now.

      MTR can take months to reach a decision. I would advise leaving US, getting petition approved for C and re entering with C's approved petition in hand.

      This is my opinion not legal advice.
      Thanks for your Raghvi. I had a conversation with my company A and they are ok to run my payroll now. Can i go back to company A on their payroll now?
      or will it be a problem because i got 3 payrolls from company B already?

      Comment


      • #4
        Originally posted by sriramcrm503 View Post
        Thanks for your Raghvi. I had a conversation with my company A and they are ok to run my payroll now. Can i go back to company A on their payroll now?
        or will it be a problem because i got 3 payrolls from company B already?


        Technically they should not run your payroll without first getting a fresh I797 approved. Company A can also not run payroll for past months as then you would be paid twice for those months. I suggest you leave US and re enter on a valid visa or go for fresh stamping with the latest I797 if visa has expired.

        This is my opinion not legal advice.

        Comment

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