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Options after H1B Transfer denial

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  • Options after H1B Transfer denial

    I have a precarious(though may not be unique) situation and wanted opinion of others who may have been in similar situation.

    I was with employer A on H1B, which is valid till Sept 2018 (I797 and stamped Visa) and due to certain circumstances had to join employer B, on a receipt (I know it’s not recommended, but situation was such), I joined employer B on Nov 27th 2017 with receipt (Employer A has paid me till Nov 26th 2017), as it turned out employer B (major MNC which filed the petition in premium) got an RFE and then a denial (Still waiting for denial reason as of today, 29th Dec 2017).
    Now my question is, what options do I have at this juncture
    1) Can employer B, file another petition and I can continue to work without a gap?
    2) If I were to leverage the 60 day grace period, and find a new employer, would that begin from Nov 26th? (The last day of payment from employer A)

  • #2
    Hi avertuser, I am kinda in the same boat now. What did you end up doing?


    Originally posted by avertuser View Post
    I have a precarious(though may not be unique) situation and wanted opinion of others who may have been in similar situation.

    I was with employer A on H1B, which is valid till Sept 2018 (I797 and stamped Visa) and due to certain circumstances had to join employer B, on a receipt (I know it’s not recommended, but situation was such), I joined employer B on Nov 27th 2017 with receipt (Employer A has paid me till Nov 26th 2017), as it turned out employer B (major MNC which filed the petition in premium) got an RFE and then a denial (Still waiting for denial reason as of today, 29th Dec 2017).
    Now my question is, what options do I have at this juncture
    1) Can employer B, file another petition and I can continue to work without a gap?
    2) If I were to leverage the 60 day grace period, and find a new employer, would that begin from Nov 26th? (The last day of payment from employer A)

    Comment


    • #3
      Originally posted by shackle View Post
      Hi avertuser, I am kinda in the same boat now. What did you end up doing?
      Hi Shackle,

      As of today I am on LOP and waiting for my new employer to refile my petition as consular processing and I can only join if it is approved (Need to visit any border to get new I94 IF the new petition is approved) if this refile does not go through, then I am left with no option but to return to my home country.

      Let me know of what options did your attorney suggest you?

      Comment


      • #4
        Originally posted by avertuser View Post
        Hi Shackle,

        As of today I am on LOP and waiting for my new employer to refile my petition as consular processing and I can only join if it is approved (Need to visit any border to get new I94 IF the new petition is approved) if this refile does not go through, then I am left with no option but to return to my home country.

        Let me know of what options did your attorney suggest you?
        Hello avertuser,
        Same situation here.
        So, what happened after that?

        Comment

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