Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1 status says Denied (Urgent)

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1 status says Denied (Urgent)

    I have transferred my H1 recently and now the status says my H1 has been denied. I received a new offer from company B and I am waiting for them to file my H1. Does this mean I have to leave the country? Please let me know.

    Thanks

  • #2
    http://www.immihelp.com/forum/showth...ghlight=depart

    Read this first and modify your questions based on the info you gather here.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

    Comment


    • #3
      Questions

      I had a H1 with Company A till Jan of 2008. Then applied for transfer of H1 from Company A to Company B.

      There was an RFE on this petition and now it is Denied.

      In the mean time, I received an offer from Company C. They should start my petition pretty soon.

      Do I have to leave the country? I have a valid Visa (of Company A) till the end of 2009.

      Please let me know.

      Thanks

      Comment


      • #4
        When will they apply?
        When did you receive the denial?
        Check out H1 FAQs first!
        http://www.immihelp.com/visas/h1b/h1-visa-faq.html

        Comment


        • #5
          I797

          Company C wil apply in a couple of days.

          I subscribed for email updates from USCIS and received the email tonight at 5:00pm EST.

          Comment


          • #6
            I would advise you to apply the new H1 as a consular processing and entering with a valid visa with the approval notice.
            Check out H1 FAQs first!
            http://www.immihelp.com/visas/h1b/h1-visa-faq.html

            Comment


            • #7
              Please explain

              Could you please elobarate your suggestion?

              I have a valid visa and I am waiting for company C to apply for my H1.

              Comment


              • #8
                consular processing

                What does consular processing mean? Please xplain.

                Comment


                • #9
                  You are out of status. What was the RFE and reason for denial? Consular processing means you'll have to appear for an interview at a US consulate outside of the US to apply for the H visa with your new approved petition.

                  Comment


                  • #10
                    don't know yet

                    I don't know the reason yet. I just saw the email notification and it says I will get the reason and my chances in a few days.

                    Do I have to leave the country immediately? Or can I use my existing visa (Valid till DEC 2009) to stay here?

                    Also, will my new H1 be under the lottery process as well?

                    Please let me know.

                    Comment


                    • #11
                      You are out of status and no other status changes are allowed inside the US. You can go back to your previous employer and begin work if the I-94 is still valid.

                      New transfer will not be approved. Like others suggested, go with CP for it and enter once it is approved if going back to ex-employer is not possible.

                      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
                        h1

                        If my H1/I797 from company B is still valid then can I use that for transfer? If it still valid I am not "Out of the staus" is this correct?

                        Comment


                        • #13
                          I am not able to connect the dots here. Your OP says Company B has applied for transfer. Now you say the I797 from them is valid. Is B your ex-employer, current employer or future employer? Be clear and specific for the members to provide proper guidance.

                          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


                          • #14
                            Sorry...I am tense and gave you the wrong info.

                            Ok.

                            I was working with company A till Jan 08. I received an offer from Company B and they filed for my H1 back in Jan 08. There was an RFE on it. In the mean time, I received an offer from Company C. Yesterday, I received a otification saying my I797 of company B is denied.

                            My questions are -

                            1) If Company A's I797/H1 is still valid, can I apply for transfer using Comapny A's I797?

                            2) If not, can I apply for H1 elsewhere and continue working in USA?

                            3) this is a new question.

                            I am trying to find out from company C if they filed for my H1 already. If they already did, then am I OK?

                            If they didn't would premium processing help?

                            Comment


                            • #15
                              1. I797 is not an issue. That is used to just prove that you were cap counted in the past. Your status without a paystub is the issue. You can go back to A and work and get a transfer done if possible. Otherwise, it has to be a CP case and you should leave immediately if you have no plans to appeal.
                              2. #1 answers this.
                              3. Probably not as USCIS will approve that case most likely as a CP rather than EOS. Better go with premium for that so that you do not gain unauthorized stay. If that gets approved as a CP, you can go out, come back with a valid visa stamp that you already have and begin work for the new company.

                              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

                              Working...
                              X