H1B transfer denied

[symrise]

I transfer my H1b visa from company A to B and joined comapny B on receipt on 12th June.
Upgraded to premium on 27th june. I got RFE on 16th july. Got denied on 28th july. I am still waiting for reason. My employer is saying once the reason arrived they will file again. My questions:
1> I am out of status from june 12th date of joining or the july 28th day of denial notice.
2>If my employer again file the H1B visa in premium processing. Can I stay in USA
3>If I go back india and another employer file my H1B ..will my H1B will be exempt .
4>How to know my company A visa is revoked or not. I checked the status and it is showing as intial status.is this mean revoked?

Visa applied: 26th May
Upgraded to Premium: 28th june
RFE: 16th July
Denied: 28th July

Please reply

[anand_virgo]

I transfer my H1b visa from company A to B and joined comapny B on receipt on 12th June.
Upgraded to premium on 27th june. I got RFE on 16th july. Got denied on 28th july. I am still waiting for reason. My employer is saying once the reason arrived they will file again. My questions:
1> I am out of status from june 12th date of joining or the july 28th day of denial notice.
2>If my employer again file the H1B visa in premium processing. Can I stay in USA
3>If I go back india and another employer file my H1B ..will my H1B will be exempt .
4>How to know my company A visa is revoked or not. I checked the status and it is showing as intial status.is this mean revoked?

Visa applied: 26th May
Upgraded to Premium: 28th june
RFE: 16th July
Denied: 28th July

Please reply

To answer to your first 2 Qs, There is a option called MTR (Motion to reopen). After your visa Denial, your new employer can do MTR for you in next 30 days. By that time you can stay in USA. So, make sure that they go for MTR. Once your case will reopen then you can again stay in USA and work also until any decision comes for the reopened case.
For safe side, after MTR, try to file another H1B visa by another employer or try to go back to your employer A if he has not revoked your H1.

[symrise]

To answer to your first 2 Qs, There is a option called MTR (Motion to reopen). After your visa Denial, your new employer can do MTR for you in next 30 days. By that time you can stay in USA. So, make sure that they go for MTR. Once your case will reopen then you can again stay in USA and work also until any decision comes for the reopened case.
For safe side, after MTR, try to file another H1B visa by another employer or try to go back to your employer A if he has not revoked your H1.

Thanks for the reply... my employer is again filling h1b for different location.. can I stay in USA I got the decision for new petition

[anand_virgo]

Thanks for the reply... my employer is again filling h1b for different location.. can I stay in USA I got the decision for new petition

Yes, you can stay in USA legally until any decision comes for your new H1B filing.