H1B Transfer Q's and Reasons for Rejections

[PriyaSS]

Hi all,
I have couple of questions regarding the H1B transfer. I have already gone through the posts here but couldn't get the right answer.

Here are my questions:
1) If I file a H1B transfer from my current employer A to the future employer B, and in case if the transfer gets rejected, could I continue to work for employer A, as if the transfer has never filed. (considering I never left company A!) I'm working with company A for almost 3 years and I'm a direct hire (no consulting companies in b/w)

2) I hear from many plp these days about H1B transfer rejections. What are the reasons for this? I joined my comapany on OPT, they filed for my H1B visa, I have pay stubs for all the ~3 years and never out of status. If I plan to move to company B (with similar job duties), will I face any problem with H1B transfer?

Thanks for reading the post,
Please write your experiences and give some inputs or further links on this!

Thank you,
Priya S

[OMM]

Hi all,
I have couple of questions regarding the H1B transfer. I have already gone through the posts here but couldn't get the right answer.

Here are my questions:
1) If I file a H1B transfer from my current employer A to the future employer B, and in case if the transfer gets rejected, could I continue to work for employer A, as if the transfer has never filed. (considering I never left company A!) I'm working with company A for almost 3 years and I'm a direct hire (no consulting companies in b/w)

2) I hear from many plp these days about H1B transfer rejections. What are the reasons for this? I joined my comapany on OPT, they filed for my H1B visa, I have pay stubs for all the ~3 years and never out of status. If I plan to move to company B (with similar job duties), will I face any problem with H1B transfer?

Thanks for reading the post,
Please write your experiences and give some inputs or further links on this!

Thank you,
Priya S

-- As per my understanding, If your H1B transfer will Dinied ask your attorney to filed AAO (The Administrative Appeals Office ) for it. if the appeal is accepted then u can continue with Company B, otherwise either find a new job in 2-3 weeks or go back to Company A.

It does not usually happen most of the time. But it could be several reasons.

1. Your new employer company is black listed in USCIS list. I mean they have filed H1B in a fraudulent manner or so.

2. Your job is not entitled to your education.

3. your job offer letter does not meet the minimum requirement of skilled worker compensation.

4. If you are failed to provide any documentation asked by USCIS - offer letter, previous emplyer pay stub, I797 etc
That all I can think of right now, but like I said it rarely happen the USCIS denies. As you are working with your current employer, I am sure you have everything documented and legal.

Just a safe note: As you know you can have 2 H1B from 2 different employer so please do not resign/quit from your first employer until you get your transfer approval and top of that you get a project from your new employer.
----- Best Luck -- OMM

[PriyaSS]

Thanks OMM