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H1B transfer denied with acquired company

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  • H1B transfer denied with acquired company

    Here is my situation

    I am working on H1B for Company A and it was acquired by Company B some time in 2016. They maintained our payroll with Company A and visa with Company A till end of 2017. And i have an approved I-140 with Company A ( Approved in Jun 2016 )

    My Visa was due for extension in Feb 2018, so they submitted the Visa Extension with USCIS in Oct 2017 (in regluar processing) with Company A. And in Dec 2017 they decided to transfer my H1 to Company B as they wanted to move payroll from Company A to Company B from Jan 2018. They filled the transfer in parallel in Dec 2017 (in premium), which got an RFE in Jan 2018 and it was responded with in 84 days time and got denied on Apr 13th 2018. In the mean time extension with Company A got approved on Apr 3rd 2018 ( got till Sep 2020).

    Worst to add up is extension with Company A was withdrawn on Apr 27th 2018 ( and i don't see anything reflected on USCIS site)

    Note: All payslips have Company B on it from Jan 2018, but Company A is not dissolved yet. And i have a letter from HR about the acquisition.

    Here are few questions i have

    1. As my transfer got denied on Apr 13th, am i out of status from that day ?

    2. If i am not out of status, how many days can i stay in US legally ?

    3. If i can find another employer who is willing to hire me, will denial history have any impact on that ?

    4. As my payslips doesn't have company A on it, does it impact the transfer to another employer Company C ?

    5. My Company attorney wants me to leave USA in 10 days and they can re-file it with in 6 to 8 weeks, suggest me if it is right option to accept and go to INDIA ?

    6. As they have withdrawn my H1B with Company A, does that mean I-94 tied to it is also revoked ?

    Any suggestion in this situation is very much appreciated!!!

  • #2
    Hi bro,

    I am in a situation close to yours. I haven't gotten a denial thought. Just RFE. my Company A's i-797 is still valid for another year and a half. Got forbid if I get a denial, I am not sure what should happen in my case. Have any idea?

    What happened to your case, if you don't mind sharing. Perhaps it will help others in a similar situation. Did you leave US or do something else to stay here?

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