H1B Transfer Rejected. Plz Urgent advise required

[Surendramoodliar]

Hello All

Myself & my colleague had travelled to US for 6 months on a H1 visa from one of the IT majors in India. After coming back we both submitted our H1 Papers for transfer to Employer B (body shopper).

My friends H1B transfer petition was rejected. Mine is still under process. We wanted to know if the H1B transfer was rejected does the original H1B from earlier employer also gets rejected or is that still valid? Can he still apply for transfer to an other employer (Employer C)?

Kindly clarify the above queries.

Thanks
Surendra M

[orion]

Since you left US and are not currently in the US, the transfer will most probably be denied. Because H1 transfer means you will start working for a different employer in US, but how can you do that being outside US?

[Surendramoodliar]

Orion Thanks. But I have heard of cases of H1B being transferred outside US

Orion. Thanks a lot for your prompt response. We wanted to know that if the H1B transfer is rejected, does the original H1B also gets rejected.

Secondly I have read in some posts in this forum that H1B can be transferred outside US. Kindly clarify.

Thanks Once again
Surendra

[waitin_toolong]

transfer within USA and a new H1 based on prev H1 are two different things.
transfer when in USA allows you to work for new employer as soon as you get a receipt and does not require you to wait for approval. but when the same is done abroad you have to wait for approval to enter the country.

You need to find out the reason for rejection before we can comment on your case.

Since transfer is actually a new H1 the prev H1 remains valid till the sponsoring company cancels it or it expires.