Options after H-1B Transfer Denial

[ajusa]

Hi,
My H-1B got denied and I do not know the reasons why its denied as RFE is raised from company side. My company said, there is no action needed from my side and they are going to appeal it. I already have prior approval notice from previous employer valid till Sep 2011.

My questions are:
1. Considering my company is going to appeal, What are the chances of H-1B getting approved once its denied for the same company?

2. Simultaneously, my company is going to apply for fresh H-1B Visa. Is this possible? If yes, will this come under quota/lottery system? What are the chances of getting approved this time?

3. Since I have previous petition approved till Sep 2011 from previous employer. Can I work for another company using the current companies paystub and approval notice of previous company?

4. When I will loose my status? is it 30 days after denial or till the time new H-1B is approved I can stay here

[orion]

1. The same it was as last time, if nothing has changed since last time.
2. Yes. Yes. The same if nothing changed.
3. What makes you think you can do that? You can only work for the company whose name is on the latest H1 approval notice.
4. You were and have been out of status the day H1 transfer was denied.

[rainysuj]

H1B transfer denial

Hi,

I transferred from A to B and company B applied for my H1B transfer. I joined them as soon as they applied for it. USCIS asked for RFE and I think company B delayed the response. My H1B transfer got denied.

1. Can I stay in US or do I have to leave the country immediately? My I94 is valid till sept 2012.
2. DO I have to be employed to be in US on my I-94?
3. I am considering going to my prior company, do I have to go through any other immigration process for that?
4. My wife is on F-1 (OPT STEM extension), can I be a dependant (F2) and work?

Please advice!

[shervin143]

1. Can I stay in US or do I have to leave the country immediately? My I94 is valid till sept 2012.
>>> You have to leave U.S immediately. If your I-94 has already expired, you are accumulating illegal stay. If your I-94 is valid, then you are out of status. Your employment with employer B is illegal.

2. DO I have to be employed to be in US on my I-94?
>>> As per H1B regulations, Yes, you need to be employed when you are in H1B.

3. I am considering going to my prior company, do I have to go through any other immigration process for that?
>>> You can do that provided they haven't revoked the H1B petition and the petition remains valid.

4. My wife is on F-1 (OPT STEM extension), can I be a dependant (F2) and work?
>>> A COS to any other status is possible only if you have a valid I-94 in hand.

[rainysuj]

H1B transfer denial

Thanks for the reply.

My I94 is still valid and now according to your answer, I am out of status. So what should I be doing?

I am not sure if my H1B with Company A has been revoked or not. I am contacting them to get back with them. But in the mean time, while I am out of status, what should be my plan of action?

Thanks!

[shervin143]

Your plan should be NOT to accumulate more out of status days. It could cause issues later. Either go back employer A or leave the country immediately.

Since the petition with employer B is rejected, your employment with them will also be considered illegal. That is why it is never advisable to join a company with just the receipt notice.

[rainysuj]

H1B transfer denial

Thanks Shervin143. I really appreciate the help.

I have not received a notice from USCIS yet. I just checked online and got to know. As per company B, I am allowed to work with them till the official notice is received from USCIS.

I have started to talk to my earlier company and want to start with them ASAP.

Thanks again for the help.

[shervin143]

I have not received a notice from USCIS yet. I just checked online and got to know. As per company B, I am allowed to work with them till the official notice is received from USCIS.
>>> This is what all these companies will say since it your immigration status that is at risk and the company will have no impact. They are just trying to keep you working for them to make as much money as possible till the the last minute.

The issue here is you are working for a company for whom you are not authorized to work by USCIS. If the transfer was successful, then you are all good - No issues whatsoever. Since it got rejected, it means that you are continuing more illegal employment days if you wait until the hardcopy of the decision to come.