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H1B denied on receipt notice - Urgent advice please

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  • H1B denied on receipt notice - Urgent advice please

    Hi Everyone,
    Employer A Petition Valid till 19-JAN-2023
    I-94 based on Employer A Petition till 29-JAN-2023
    Transferred to Employer B on 15-MAY-2020 and working on receipt notice.
    Employer A H1B withdrawn on 20-MAY-2020
    Employer B transfer petition denied on 12-AUG-2020 due to Specialty Occupation.
    1) Is my I-94 still valid till 29-JAN-2023 even if my Employer A withdrawn my petition?
    2)Can my current employer file appeal ? is it good to go with that way.? what are chances of approval?
    3)Can I continue being in USA and try some other company and the employer can file for a transfer?
    4)Could you please suggest what are the available options for me further ?

  • #2
    1) NO, I-94 is no longer valid as the most recent petition was denied.
    2) Yes, they can. It's a long process, will take time. The reason for denial will determine if an appeal is worth it (your attorney will make that decision)
    3) You should immediately file for COS to B2 visa. Once you find another job, the new employer can file for B2 to H1 transfer. In this case, you may not receive an I-94, which means, you need t leave the US and apply for a visa. Consulates will not issue a new visa till the Executive order is lifted in January
    Opinion only. Cannot be construed as legal advice.

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    • #3
      Hi,
      I reached out few attorneys. They mentioned I'm out of status but I do have a lawful presence in US since my previous I-94 is still valid although the petition was withdrawn. They also recommend to refile my petition with current employer.

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