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  • H1B transfer denied

    My H1b transfer to new company has been denied after USCIS sent an RFE. I am waiting to receive the notice explaining the reasons of denial. Although, my husband is on H1b too but as his status is single on the passport, not married. My questions are:

    1. Can I change my status to H4 as his spouse?
    2. Will I have to exit US to change my status?

    I was approved for a H1b in 2007 for the original employer. if I change my status to H4, can I still find a job and transfer back to H1B ? And in that case:

    3. would I have to go through the H1B lottery process again?
    4. Can the new employer submit the H1B application while the H4 is in process?


    Please reply at your earliest convenience.
    Thanks.
    Last edited by mariumzain; 05-31-2008, 04:55 PM.

  • #2
    Assuming that your on H-1 and your emlpoyer has not revoked your petition yet, I think you can transfer your status from H-1 to H-4. This is my opinion. Wait for senior members like txh1b and DMXs' replies.
    Last edited by enigmatic10me; 05-31-2008, 05:35 PM.

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    • #3
      H1 issues

      My H1b transfer to new company has been denied after USCIS sent an RFE. I am waiting to receive the notice explaining the reasons of denial. Although, my husband is on H1b too but as his status is single on the passport, not married. My questions are:

      1. Can I change my status to H4 as his spouse?

      ---- Yes, you can. As a proof of your marriage provide a copy of the marriage certificate while applying for H4

      2. Will I have to exit US to change my status?

      ---- No, there is no need to go out of the country

      I was approved for a H1b in 2007 for the original employer. if I change my status to H4, can I still find a job and transfer back to H1B ? And in that case:

      3. would I have to go through the H1B lottery process again?

      ---- No, you do not have to go through the lottery process. You are already counted on H1. You have to wait your transfer to H1 to be approved

      4. Can the new employer submit the H1B application while the H4 is in process?

      ---- Yes, they can do it. However the last action rule will apply meaning that the latest approval will be your status. Thus if H4 is approved after H1 then your status will be H4. Instead you can wait for a few days, receive your H4 approval and then apply for H1 transfer and COS. This way you will be safe and get the H1 status

      Subramanya

      Comment


      • #4
        OP,

        Did you start working for the new employer whose transfer was denied?

        If yes, my opinion is that you are currently out of status. To file a COS, you must be in a legal status. In this case, you may have to depart the country ,appear for H4 visa, and enter using the visa.

        You are certainly cap-exempt next time you apply for an H1 if you have remaining H1 time.

        If the previous employer has not canceled or revoked the earlier H1B petition, it is presumably still valid for work.
        Last edited by DMX17; 05-31-2008, 11:42 PM.
        Check out H1 FAQs first!
        http://www.immihelp.com/visas/h1b/h1-visa-faq.html

        Comment


        • #5
          1. If you are working for that employer using H1b portability, you are out of status from the day of denial and no other status changes are permitted while in the US with the exception of going back to work for the ex-employer if they had not revoked the H1b and the petition is still valid.

          2. Yes. If your H4 visa is still valid, you can exit and return back with a new I-94. If not, you need a visa stamp. Your husband's marital status on the passport is not an issue.

          3. No, once counted and you have remaining H1b period left, you are exempt.

          4. This option does not exist if 1 is true. If not, you could possibly do this and the last action rule takes precedence.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment


          • #6
            I got an email alert of denial notice, on Friday May 30th, The email alert said the notice has been sent and your further options are listed in the letter.
            My lawyer will probably receive the notice on Tuesday I suppose.

            Would I be counted out of status?? Should I book flight to go back? what if I want to appeal based on reasons of denial?

            Also, if my husband applies for a green card, can if work on his approval notice??

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            • #7
              Also, how do I find out if my original h1 was revoked? Can I check online? I don't they would have revoked it... hopefully

              If they haven't revoked, am I still in status?

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              • #8
                Can I file another another transfer application through another employer right now?

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                • #9
                  Originally posted by mariumzain
                  Also, how do I find out if my original h1 was revoked? Can I check online? I don't they would have revoked it... hopefully

                  If they haven't revoked, am I still in status?
                  Ask them. They know the information if they revoked it or not rather than guessing from a not so uptodate online system. Depends if the petition is still valid and if you start getting paid and working.

                  I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                  Comment


                  • #10
                    Originally posted by mariumzain
                    Can I file another another transfer application through another employer right now?
                    No, because you don't have a valid status now.

                    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                    Comment


                    • #11
                      Originally posted by mariumzain

                      Would I be counted out of status?? Should I book flight to go back? what if I want to appeal based on reasons of denial?

                      Also, if my husband applies for a green card, can if work on his approval notice??
                      Out of status - Yes from the info provided.

                      Going back - Probably and come back on H4.

                      Appeal - You keep gathering unauthorized presence during the appeal and if the appeal is denied, you earn a 3 year or 10 year ban based on the period of overstay. If appeal is approved, you will be fine. You are not allowed to work during the appeal.

                      GC of husband - Not sure what you intended to ask here. How can you work on his approval?

                      Ask your attorney as you already have one dealing with your case for your options.

                      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                      Comment


                      • #12
                        Thanks for your reply. I will talk to my lawyer tomorrow.

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