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  • h1B Transfer Denied - Need Advice

    My H1b Transfer got denied. I verified the status in USCIS website and they denied the petition today. Should I move out of the country immediately or can I wait till I receive the reason and file MTR.

    Background -


    * I was working for Company A and joined Company B on June (My company A petition was valid until Sep 2018)
    * My Company B transfer got approved after RFE on July.
    * Joined Company C on August and Received RFE on 26, in the meantime Company B sent a notification to USCIS to revoke my petition..
    * Company B's Petition revoked on Sep 26
    * company C responded to RFE on October first week and when I checked the status today I saw the decision as Denied.

    When I enquired Company C(My current employer) HR/Immigration department they told they are yet to receive the reason for denial.

    Since my petition was filed under premium I was in the impression that the attorney's will get the response in fax or email but when i checked I was told they haven't received the response.

    I was never stayed out of status.
    My company A's petition is still not revoked and I94 is valid till September 2018


    Questions


    Just asking before knowing the reason,

    Now will there be any issues to appeal or file MTR?
    If my company decides to file MTR, can i Stay and work until I receive the response of the same?
    If they decide not to appeal, Can I go back to India and file a cap-exempt petition and come back?

    What are the odds of getting the denial decision reversed?


    Your help is much appreciated.

  • #2
    Originally posted by gr123 View Post
    My H1b Transfer got denied. I verified the status in USCIS website and they denied the petition today. Should I move out of the country immediately or can I wait till I receive the reason and file MTR.

    Background -


    * I was working for Company A and joined Company B on June (My company A petition was valid until Sep 2018)
    * My Company B transfer got approved after RFE on July.
    * Joined Company C on August and Received RFE on 26, in the meantime Company B sent a notification to USCIS to revoke my petition..
    * Company B's Petition revoked on Sep 26
    * company C responded to RFE on October first week and when I checked the status today I saw the decision as Denied.

    When I enquired Company C(My current employer) HR/Immigration department they told they are yet to receive the reason for denial.

    Since my petition was filed under premium I was in the impression that the attorney's will get the response in fax or email but when i checked I was told they haven't received the response.

    I was never stayed out of status.
    My company A's petition is still not revoked and I94 is valid till September 2018


    Questions


    Just asking before knowing the reason,

    Now will there be any issues to appeal or file MTR?
    If my company decides to file MTR, can i Stay and work until I receive the response of the same?
    If they decide not to appeal, Can I go back to India and file a cap-exempt petition and come back?

    What are the odds of getting the denial decision reversed?


    Your help is much appreciated.
    What was the reason for the denial?

    Comment


    • #3
      Originally posted by raghvi View Post
      What was the reason for the denial?
      Yet to receive the reason. I registered in USCIS for text alerts so got an alert today for status change, and the status was mentioned as denied.

      When I checked my company's immigration team they told they are yet to get the reason and asked me to wait until we receive the reason.

      Comment


      • #4
        Originally posted by gr123 View Post
        My H1b Transfer got denied. I verified the status in USCIS website and they denied the petition today. Should I move out of the country immediately or can I wait till I receive the reason and file MTR.

        Background -


        * I was working for Company A and joined Company B on June (My company A petition was valid until Sep 2018)
        * My Company B transfer got approved after RFE on July.
        * Joined Company C on August and Received RFE on 26, in the meantime Company B sent a notification to USCIS to revoke my petition..
        * Company B's Petition revoked on Sep 26
        * company C responded to RFE on October first week and when I checked the status today I saw the decision as Denied.

        When I enquired Company C(My current employer) HR/Immigration department they told they are yet to receive the reason for denial.

        Since my petition was filed under premium I was in the impression that the attorney's will get the response in fax or email but when i checked I was told they haven't received the response.

        I was never stayed out of status.
        My company A's petition is still not revoked and I94 is valid till September 2018


        Questions


        Just asking before knowing the reason,

        Now will there be any issues to appeal or file MTR?
        If my company decides to file MTR, can i Stay and work until I receive the response of the same?
        If they decide not to appeal, Can I go back to India and file a cap-exempt petition and come back?

        What are the odds of getting the denial decision reversed?


        Your help is much appreciated.

        As you have already moved to Company C who is your current employer and only source of legal stay in USA, you need to leave the country even though MTR is planning to be filed. If you had stayed with Company B allowing enough time to know the transfer decision to company C, you would have been in a much better spot by having a legal status.

        This is my opinion, please consult a legal exper/attorney.

        Comment


        • #5
          Urgent - H1B Transfer denied.

          Hi Everyone,

          I need your help on urgent basis as I think i am out of status now.

          on 11/30 my H1B transfer got denied. I checked in USCIS website. My earlier employer has revoked my previous H1B.

          I do not have any plans for any appeal or any other H1 filing. I am ready to leave US.

          All I want to know that
          1] How many days can I stay legally in US after 11/30
          2] How many days can I work legally in US after 11/30.
          3] Is there any way I can appeal and success ration on this.


          I am despirately looking for the correct answer.

          - Rajesh

          Comment

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