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Please Help: Options during H1B transfer appeal

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  • Please Help: Options during H1B transfer appeal

    I am struggling with my current situation and hope get advices from this forum. My case like:

    I got laid off in March from Company A. Then consulting Company B filed a transfer petition for its third part client. Company A filed termination on my H1B. The transfer got denied for the non-existing employer-employee relationship. Company B filed an Appeal. Now the case is pending in AAO. I have three questions:

    1. Am I legally stayed in US before getting the decision from Appeal?
    2. Company B is willing to reassign me to its direct client and want to file another transfer. Can company B do this? Should I go out of US to get a new visa stamp if approval?
    3. Can I back to Company A? How should company A do to bring me back after it revoked my H1B?


    Thank you in advance.
    Last edited by xs99; 08-30-2010, 07:45 PM. Reason: make content clearer

  • #2
    1. Am I legally stayed in US before getting the decision from Appeal?
    >>> If the appeal gets rejected, then the time spent in U.S after the I-94 expiry date will be considered illegal.

    2. Company B is willing to reassign me to its direct client and want to file another transfer. Can company B do this?
    >>> What do you mean by another transfer? If the client is different, then the H1B petition need to be amended.

    Should I go out of US to get a new visa stamp if approval?
    >>> If the H1B is approved as a COS (new I-94), then you don't need to go outside U.S to get it stamped. If the H1B gets approved as a consular process, then you need to go out of the country and re-enter back with a valid H1B visa.

    3. Can I back to Company A? How should company A do to bring me back after it revoked my H1B?
    >>> Company A will need to file the H1B petition.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Appreciate your reply very much, Shervin143.

      To make myself clearer, for your reply:

      2. My current H1B transfer Compant B filed is in appeal at AAO. Company B has different client and very eager to bring me onboard. Do you mean "amended" is company B need revise my current appeal H1B petition and change client to the new client with new LCA? Is this different from another transfer or fresh petition? Will this new amendment got denied, is the appeal is over also?

      3. You said Company A need file a H1B petition. What kind of petition will be? I mean a fresh H1B or some different petition?

      Thank you again.
      HS99

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