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H1b Transfer denied I would like to know what are the possibilities
I came in USA on H1b with Employer A in November 2013 at Location X.
Moved from Location X to Location Y in May 2015, still with Employer A. From Employer A when I moved from Location X to Location Y in May 2015, I have received I 797 A with I 94 validity extended till August 2018.
Changed Employer from A to B after receiving Transfer petition receipt, in April 2017 still at Location Y (Petition was filed in normal processing as premium was suspended in April 2017 for initial few months)
Received 2 RFE (Lawyer asked not to file for Premium so never went in premium processing)
Almost End of January 2018 Lawyer received Denial notice.
Online USCIS case status page still shows that they have received RFE response on December 2017 and office will start working on case and let me know what is the result.
Immediately receiving denial notice my Employer B asked me to stop working and also Terminated my employment to make sure everything is by law.
I am going back to home country now, as I can not work in USA until I have valid H1b, instead I can continue to work from offshore if I travel back to home country.
I have few questions as follows and I would like to know what is the best solution to deal with this whole scenario I am going through:
I have another Employer C who is ready to file transfer petition for me but it has to be done after May 2018, is it possible to proceed after 60 days from the denial notice?
1. Will this new transfer petition treated as completely new petition which has to go through lottery?
2. Does this applying for new transfer petition has any limit like it has to be done within 60 number of days from the denial?
Please help me to understand what are the possibilities that I can explore, Also please let me now if you need any other additional information that will give more detailed idea
about exact situation I am in.
Moved from Location X to Location Y in May 2015, still with Employer A. From Employer A when I moved from Location X to Location Y in May 2015, I have received I 797 A with I 94 validity extended till August 2018.
Changed Employer from A to B after receiving Transfer petition receipt, in April 2017 still at Location Y (Petition was filed in normal processing as premium was suspended in April 2017 for initial few months)
Received 2 RFE (Lawyer asked not to file for Premium so never went in premium processing)
Almost End of January 2018 Lawyer received Denial notice.
Online USCIS case status page still shows that they have received RFE response on December 2017 and office will start working on case and let me know what is the result.
Immediately receiving denial notice my Employer B asked me to stop working and also Terminated my employment to make sure everything is by law.
I am going back to home country now, as I can not work in USA until I have valid H1b, instead I can continue to work from offshore if I travel back to home country.
I have few questions as follows and I would like to know what is the best solution to deal with this whole scenario I am going through:
I have another Employer C who is ready to file transfer petition for me but it has to be done after May 2018, is it possible to proceed after 60 days from the denial notice?
1. Will this new transfer petition treated as completely new petition which has to go through lottery?
2. Does this applying for new transfer petition has any limit like it has to be done within 60 number of days from the denial?
Please help me to understand what are the possibilities that I can explore, Also please let me now if you need any other additional information that will give more detailed idea
about exact situation I am in.
