H1 Tranfer Denied, information needed

[omnamahshivaye]

Hi,

I was changing my job from Company A to Company B. Both are billion $ well reputed companies.
It was a premium processing by B and they got an RFE asking to confirm the employee employer relationship.
B submitted the documents, MSA, Client letter and Payslips but my transfer got denied.

I am yet to receive the letter so do not know the reasons for the denial.
When I checked the USCIS Website for my previous Visa(held by A), i saw it was revoked on 23rd Oct 2014 and my new Visa got denied on 29th Oct 2014.

Questions:
1. Although B applied for the transfer initiallyin early Sep and then the RFE response was submitted sometime in 2nd week of Oct, do you think it is possible for USCIS to have made an error assuming I did not have a valida visa when then cancelled it?

2. How many days am I legally allowed to stay in US after the denial notice is there is no MTR/Appeal being filed?

3. If B decides to file for an MTR, am I legally allowed to work here or stay here?

4. Do I have any other options rather than going back to my home country and file a fresh H1/L1?

Thanks
OmNamahShivaye

[raghvi]

Hi,

I was changing my job from Company A to Company B. Both are billion $ well reputed companies.
It was a premium processing by B and they got an RFE asking to confirm the employee employer relationship.
B submitted the documents, MSA, Client letter and Payslips but my transfer got denied.

I am yet to receive the letter so do not know the reasons for the denial.
When I checked the USCIS Website for my previous Visa(held by A), i saw it was revoked on 23rd Oct 2014 and my new Visa got denied on 29th Oct 2014.

Questions:
1. Although B applied for the transfer initiallyin early Sep and then the RFE response was submitted sometime in 2nd week of Oct, do you think it is possible for USCIS to have made an error assuming I did not have a valida visa when then cancelled it?

2. How many days am I legally allowed to stay in US after the denial notice is there is no MTR/Appeal being filed?

3. If B decides to file for an MTR, am I legally allowed to work here or stay here?

4. Do I have any other options rather than going back to my home country and file a fresh H1/L1?

Thanks
OmNamahShivaye

1. Not possible to say unless one sees the denial notice.
2. Legally Zero Days if I-94 has already expired. But for practical purposes a week to 10 days stay is considered fine.
3. I don't think You can work during MTR. As it is it can take 6-12 Months or more, think hard before plunging into MTR and appeals.
4. I dont think so. Is your spouse on H1/L1 ?

This is my opinion not legal advice.

[omnamahshivaye]

H1B Transfer Denied

1. Not possible to say unless one sees the denial notice.
2. Legally Zero Days if I-94 has already expired. But for practical purposes a week to 10 days stay is considered fine.
3. I don't think You can work during MTR. As it is it can take 6-12 Months or more, think hard before plunging into MTR and appeals.
4. I dont think so. Is your spouse on H1/L1 ?

This is my opinion not legal advice.

thanks for your response.

My previous i94 is valid till May 2016 but since my last employer has revoked the H1, will the i94 hold good or make my stay permissible?
Do you know if I can apply for a Canadian Visa from here or do I need to go back to India to get that?
Also Can some other employer file for my Visa now? Will that have to wait for the Cap to open or is that out of Cap?

Regards
OmNamahShivaye

[raghvi]

I am still wondering what was the exact reason for denial in the first place.

The question is not of I-94, its about your valid status. Your biggest mistake was joining and starting work for B without first getting the approval notice in hand. As B's petition got denied, it makes you out of status. You could have possibly tried to go back to A but as they revoked the petition there is nothing much that can be done now.

As you are not in a valid status I dont think you can get a Canadian visa while being in US, you would have to try that from India.

If you have not exhausted your 6 Year stay, then any other employer can still file a cap exempt petition for you, but as you are currently out of status the petition can only be filed as consular process (need to leave US and go for stamping outside US if visa expired, or re enter on valid visa but new petition).

Ask next employer to file cap exempt petition in premium as consular process, once approved and if your visa is still valid, it may just involve going to neighboring country and re entering on existing visa but new petition of new employer.

Please put questions as numbered/alphabetical bullet points.

This is my opinion not legal advice.

[Harish Dawke]

same problem here

I got laid off from employer A on September 30th 2014. I got new job offer from employer B and they filed H1B visa on 20th October 2014 in premium processing. Now i got a RFE from USCIS in regards to the petition. They are requesting additional information surrounding your departure from your previous employer. What was the reason, and did you leave on good terms?
What are my options?
What are the Documents need?

[kggokul]

How did you check the Visa status

....
When I checked the USCIS Website for my previous Visa(held by A), i saw it was revoked on 23rd Oct 2014 and my new Visa got denied on 29th Oct 2014.

Hi there , just out of topic question.. Could you please let me know how did you check your visa status in USCIS website ? are you referring the Case status check link ? does that provide the details if the petition is revoked? if you are referring some other link, then could you please share.

Thanks