H1B transfer denied - next options ?

[nanda_7787]

Hi All,

I came to US on Nov 2014 on H1B VISA, worked for a company for 9 months and switched to another company with Receipt (biggest blunder ever made) on Sept 2015. The employer told they applied for transfer only in normal as they do not have client letter.

Unfortunately my new project got over in two months, found out the new project in another location and my employer applied for H1 amendment for the new location.

After 6 months of waiting , I received RFE for the transfer on April 2016... my employer worked on the RFE and submitted the documents by May 2016 but could not attest the client letter for the first project because I left there in two months.

Now the issue is I got the denial notice this June 2016 stating that my employer could not prove the employer-employee relationship for the first project I worked on (typically USCIS expected client letter which we could not produce).

Now I am back to India within a week after receiving the denial notice with lots of frustration.

I have valid VISA until June 2017 and my I94 is also valid until the same period.

What are the options I have to reenter back to US ?

Please advice.

Thank you

[raghvi]

Hi All,

I came to US on Nov 2014 on H1B VISA, worked for a company for 9 months and switched to another company with Receipt (biggest blunder ever made) on Sept 2015. The employer told they applied for transfer only in normal as they do not have client letter.

Unfortunately my new project got over in two months, found out the new project in another location and my employer applied for H1 amendment for the new location.

After 6 months of waiting , I received RFE for the transfer on April 2016... my employer worked on the RFE and submitted the documents by May 2016 but could not attest the client letter for the first project because I left there in two months.

Now the issue is I got the denial notice this June 2016 stating that my employer could not prove the employer-employee relationship for the first project I worked on (typically USCIS expected client letter which we could not produce).

Now I am back to India within a week after receiving the denial notice with lots of frustration.

I have valid VISA until June 2017 and my I94 is also valid until the same period.

What are the options I have to reenter back to US ?

Please advice.

Thank you

You should always return all I94 that you have at the port of exit, otherwise your exit may not be recorded in the system.

In order to return back to US, you need the latest employment letter and valid approved I797 from an employer. Post June 2017 you will also need a new visa.

This is my opinion not legal advice.

[nanda_7787]

@PMraghvi

Thank you so much for the response.

Soon after I reached India, I checked the I94 website, checked the travel history and my exit was present in the system with PO Exit.

[nanda_7787]

h1-remaining period

Hi,

My current employer now has informed me that he will apply a CAP-Exempt petition for me.

now I have one question.

My initial approved H1B I797 petition is going to expire by this June 2017.
So should my employer apply for new the CAP exempt petition before June 2017 or anytime before 2020 Dec (as my 6 year period ends) ?

Please advice.

Thanks.