H1B H1B VISA transfer - Employer change notification denied, can we reapply?

[softsolution]

Dear All,

I have read many satisfactory answers to H1B VISA cases in your online forum. I will really appreciate if any one of you can provide guidance and opinion in my case as well.

My wife was working in the USA on H1B visa for company A from 1st March 2006 to 15th June 2007.
On 16th June 2007 she came back to India and started working for Indian branch of company A
One of the US startup company applied for her H1B VISA transfer on 30 Nov 2007 (Submitted application for change of employer) while she was in India and her VISA stamp was valid.
We received REF for H1B VISA transfer on 7th December 2007
Mean while she resigned from company A in India
Her company asked her to submit original H1B petition and also put VISA cancellation without prejudice stamp on her passport
We replied RFE for H1B VISA transfer on 14 Feb 2008
We got her H4 VISA on 19th Feb 2008
We got denial notice for H1B VISA transfer on 22nd Feb 2008
She entered the USA on H4 on 23rd Feb 2008


Now company B is interested and willing to offer job and VISA transfer.


Question: -

1) Can we reapply for H1B VISA transfer (employer change status) through company B? considering that she has entered into the USA on H4 status and her H1B visa stamp is cancelled without prejudice


2)If we apply for a fresh H1B VISA on 1st April 2008, will she be considered in fresh quota?


Regards

Rohit

[Subramanya]

H1 transfer

I have read many satisfactory answers to H1B VISA cases in your online forum. I will really appreciate if any one of you can provide guidance and opinion in my case as well.

My wife was working in the USA on H1B visa for company A from 1st March 2006 to 15th June 2007.
On 16th June 2007 she came back to India and started working for Indian branch of company A
One of the US startup company applied for her H1B VISA transfer on 30 Nov 2007 (Submitted application for change of employer) while she was in India and her VISA stamp was valid.
We received REF for H1B VISA transfer on 7th December 2007
Mean while she resigned from company A in India
Her company asked her to submit original H1B petition and also put VISA cancellation without prejudice stamp on her passport
We replied RFE for H1B VISA transfer on 14 Feb 2008
We got her H4 VISA on 19th Feb 2008
We got denial notice for H1B VISA transfer on 22nd Feb 2008
She entered the USA on H4 on 23rd Feb 2008


Now company B is interested and willing to offer job and VISA transfer.


Question: -

1) Can we reapply for H1B VISA transfer (employer change status) through company B? considering that she has entered into the USA on H4 status and her H1B visa stamp is cancelled without prejudice

---- Yes, she can apply for H1 transfer to another company in the US. But the transfer has to be COS application, otherwise she may have to leave the US, get a H1 Visa stamped on her Passport at a US Consulate outside US and then enter US. H1B cancellation has nothing to do with her H1 transfer

2)If we apply for a fresh H1B VISA on 1st April 2008, will she be considered in fresh quota?

---- Basically you cannot apply for a fresh H1 when you are already counted once in the quota and if you are within the 6 year H1 validity period

Regards

Rohit[/QUOTE]

[C4us]

For a "transfer" one must be in status in the US. Since your wife was in India, a "transfer" should have been denied.

Use the proper procedure.

[karinL]

Fees for H1 B Visa - overcharged!! I think ?

Hello
I am from South Africa. I applied for a H1B visa via a attorney in Florida. I paid a total fees of $9000 - including Premium Processing and all filing fees !
I was give the incorret advice on this application and could not answer the RFE
- they should have never applied for a H1B -
They have charged me Filing fee $320
ACWIA fee $1500 (should have been $750)
Premium processing fee $ 1500
evaluation fee $ 1450
attorneys fees $ 4000

Is this normal ? Can anyone give more info ?

I now got a Agricultural visa for $150 ( 11 months) and working in Dakota.
Thanks so much

[txh1b]

You got cheated. Employer only can sponsor a H1b, not a lawyer unless the lawyer is the employer also. Paying for most part of H1b fees is illegal.

$4000 for filing a H1b as attorney fees has never been heard of.

[silver2010]

Dear softsolution,

Please let us know whether the visa was issued.I today face the same issue , exactly same as mentioned in yur case.I have entered US in F2 visa.I had H1b visa which was cancelled by my previous employer and i have "cancelled without prejudice" stamp on my visa.

Can I apply for visa transfer ? Is there a chance that this transfer gets rejected? I am in USA currently.

[txh1b]

CWOP stamp on the visa just invalidates the visa but not your ability to transfer the H1b to another employer.

[wyckes]

I have 2 employers petitioning H1B

Hi everyone!
I am a nurse and here are my status in the usa

1) I have an H1B petition filed last December 13, and now the USCIS is asking for RFE to my (A) employer

2) I have another employer (B) who's going to file another H1B on April,2011 and employer B is aware that I have a pending H1B application.

3) I have a denied F1 application that was also filed last December, 2010

4) I dont have any visa right now. I came here with my H1-C visa that was expired last December'10. Apparently, I dont have any existing visa and just under change of status.

4) I have an EB3 petition with my I-140 already approved last Aug, 2006 and now the priority date on the visa bulletin is July'05

Here are my concerns:

1) Would there be any conflict if my employer (B) will file another H1B this coming April even I still have a pending H1B from employer (A)

2) How's the Last Action Rule works with these?

3) Am I still allow to stay here in the USA? For how long?

4) Can my employer (B) recapture my H1B from employer (A)

5) What is the wisest thing to do?

Hoping for your response.
Thank you very much..

wyckes

[shervin143]

1) Would there be any conflict if my employer (B) will file another H1B this coming April even I still have a pending H1B from employer (A)
>>> No.

2) How's the Last Action Rule works with these?
>>> The last action rule is important only when two different types of petitions are filed by USCIS. Since both your petitions are H1B, your status will still remain to be H1B. Just may sure you file your next extension of status prior to the last received I-94 expiry date.

3) Am I still allow to stay here in the USA? For how long?
>>> You can stay until you get a decision. However, if the petition gets denied or if the petition gets approved without a new I-94, then the time spend in U.S after your current I-94 expiry date will be considered illegal. That can cause issues with your future stamping and GC process.

4) Can my employer (B) recapture my H1B from employer (A)
>>> Not sure what you mean by that. Is this your first H1B petition. If yes, then upon approval, employer B can immediately file the transfer based on the approved petition from employer A. Just give employer B a copy of the approval notice from employer A. If this is not your first H1B and if you already had an H1B before and suuming that you haven't spend all 6 years in that CAP, employer B can filed a transfer now using that CAP instead of waiting until April.

5) What is the wisest thing to do?
>>> Upgrade your case to premium and get the result within 15 days. That will help you avoid accumulating more illegal stay just in case the petition gets denied.