H1B Denial - what is the next step to be followed

[PraveenE]

Hi ,

I came to USA on H1B sponsored by Company A.
After a year moved to Company B and filed H1B Transfer in the normal process and started to work for them.
Last week changed the processing to premium processing.
Today got the status as Decision saying Denial . have not got the denial notice still.

I have a vaild visa stamped till Sep2014.
I have plans to go to india in May for marriage.

Questions:
What is the next step i have to follow?
Is it legal to stay after a denial?
What will happen if i reopen the case ?

Any help on this is much appreciated, Thanks in advance !!!

[raghvi]

Hi ,

I came to USA on H1B sponsored by Company A.
After a year moved to Company B and filed H1B Transfer in the normal process and started to work for them.
Last week changed the processing to premium processing.
Today got the status as Decision saying Denial . have not got the denial notice still.

I have a vaild visa stamped till Sep2014.
I have plans to go to india in May for marriage.

Questions:
What is the next step i have to follow?
Is it legal to stay after a denial?
What will happen if i reopen the case ?

Any help on this is much appreciated, Thanks in advance !!!

If the transfer was denied, you technically are out of status from the last date of payroll with Employer A. You can re open the case but that still doesnt allow you a valid status and can take a long time to reach a decision. If the reasons for rejection was employer centric then advisable to find another employer and leave US, and return on the newer employer's approved petition.

This is my opinion not legal advice.

[PraveenE]

If the transfer was denied, you technically are out of status from the last date of payroll with Employer A. You can re open the case but that still doesnt allow you a valid status and can take a long time to reach a decision. If the reasons for rejection was employer centric then advisable to find another employer and leave US, and return on the newer employer's approved petition.

This is my opinion not legal advice.

Will a new employer apply for my H1B Transfer ? or it should be a new H1B petition which comes under the Cap?

[raghvi]

Will a new employer apply for my H1B Transfer ? or it should be a new H1B petition which comes under the Cap?

Every H1 petition is technically a new one but it can be cap subject petition or cap exempt petition. You would be cap exempt as you have been cap counted in last 6 years.

This is my opinion not legal advice.