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Hello Gurus,
Appreciate if you can help me...
1. Was employed with employer A. H1B VISA and I-94 had expiry date as 30-Jun-2008
2. Applied for H1B extension thru emplyer A. Approval notice was sent on 12-May-2008 to the employer A, thereby approving H1B extension from 25-Jun-2008 to 30-Mar-2010.
3. Before I could get this approval notice in hand, I found another job thru employer B and applied for H1B transfer using the old H1B petition which had expiry date as 30-Jun-2008.
4. H1B transfer petition received date - 29-May-2008 and receipt sent date is 4-Jun-2008.
5. Resigned from employer A on 6-Jun-2008.
6. Luckily received H1B extension paper from employer A on very last date - 6-Jun-2008.
7. H1B transfer thru employer B - received RFE - 11-Aug-2008 and USCIS requested additional evidence by 25-Sep-2008.
8. Chances of denial of H1B transfer are very high as USCIS requested additional evidence of company B financials, all W-2 forms for last year, B's latest tax return, contract with the end client, related itinerary, photos of interior and exterior.
9. B has started working on RFE.
What are my options if H1B transfer is denied?
1. Can I go back to employer A on valid petition approval with expiry date 30-Mar-2010?
2. Can I switch to employer C using petition approval with expiry date 30-Jun-2008? Do I need to make this switch before denial or after denial?
3. Can I switch to employer C using petition approval with expiry date 30-Mar-2010? Do I need to make this switch before denial or after denial?
4. Will I be out-of-status the day USCIS sent denial notice? Am I supposed to go back to India within 24 hrs? Is there any official period I can stay in US after H1B transfer denial? Please note that I have valid H1B petition with expiry date 30-Mar-2010
5. What if emploer B wants to appeal this denial? Can I continue to stay in US and work on the same assignment?
Appreciate if you can help me...
1. Was employed with employer A. H1B VISA and I-94 had expiry date as 30-Jun-2008
2. Applied for H1B extension thru emplyer A. Approval notice was sent on 12-May-2008 to the employer A, thereby approving H1B extension from 25-Jun-2008 to 30-Mar-2010.
3. Before I could get this approval notice in hand, I found another job thru employer B and applied for H1B transfer using the old H1B petition which had expiry date as 30-Jun-2008.
4. H1B transfer petition received date - 29-May-2008 and receipt sent date is 4-Jun-2008.
5. Resigned from employer A on 6-Jun-2008.
6. Luckily received H1B extension paper from employer A on very last date - 6-Jun-2008.
7. H1B transfer thru employer B - received RFE - 11-Aug-2008 and USCIS requested additional evidence by 25-Sep-2008.
8. Chances of denial of H1B transfer are very high as USCIS requested additional evidence of company B financials, all W-2 forms for last year, B's latest tax return, contract with the end client, related itinerary, photos of interior and exterior.
9. B has started working on RFE.
What are my options if H1B transfer is denied?
1. Can I go back to employer A on valid petition approval with expiry date 30-Mar-2010?
2. Can I switch to employer C using petition approval with expiry date 30-Jun-2008? Do I need to make this switch before denial or after denial?
3. Can I switch to employer C using petition approval with expiry date 30-Mar-2010? Do I need to make this switch before denial or after denial?
4. Will I be out-of-status the day USCIS sent denial notice? Am I supposed to go back to India within 24 hrs? Is there any official period I can stay in US after H1B transfer denial? Please note that I have valid H1B petition with expiry date 30-Mar-2010
5. What if emploer B wants to appeal this denial? Can I continue to stay in US and work on the same assignment?
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