My H1-B Transfer denied and previous H1-B visa/I-94 expired on Nov 30

[kishu.09]

My H1-B transfer got denied. Status was updated on Dec 5th on the USCIS website, I saw it today. My previous H1-B visa/ I-94 expired on Nov 30. Can anyone please suggest possible options for me to stay on status?

Got an RFE before the denial. (Asked for Employer-Employee relation and Full project itinerary). My employer had submitted end client letter, vendor letters & agreements and Full project itinerary. I am still waiting for the actual denial notice by mail. Did not get a chance to talk to my Lawyer yet. Will get in touch with him tomorrow morning. In the meantime, please respond, if anyone was in similar situation and how the issue was resolved. My employer chain:

Employer -> Vendor -> Vendor -> Client -> I am working at the client location now.


Thank you.

[Nattybone]

Hello, Kishu.

Once you receive the denial by mail, i think you should leave USA. You no longer have valid status in USA and therefore 'changing' to another status will not be possible now. The longer you stay in USA - without a legal status - the more difficult it will be for you in the future.

You could appeal this denial, or file for a fresh H1B - in both the cases, even if there is an approval, you will not be able to switch / gain status. You will have to leave the country and re-enter after a Consular Processing.

Personal opinion. I hope this helps.

Sorry about your visa, my friend.

Cheers,

My H1-B transfer got denied. Status was updated on Dec 5th on the USCIS website, I saw it today. My previous H1-B visa/ I-94 expired on Nov 30. Can anyone please suggest possible options for me to stay on status?

Got an RFE before the denial. (Asked for Employer-Employee relation and Full project itinerary). My employer had submitted end client letter, vendor letters & agreements and Full project itinerary. I am still waiting for the actual denial notice by mail. Did not get a chance to talk to my Lawyer yet. Will get in touch with him tomorrow morning. In the meantime, please respond, if anyone was in similar situation and how the issue was resolved. My employer chain:

Employer -> Vendor -> Vendor -> Client -> I am working at the client location now.


Thank you.

[kishu.09]

Hello, Kishu.

Once you receive the denial by mail, i think you should leave USA. You no longer have valid status in USA and therefore 'changing' to another status will not be possible now. The longer you stay in USA - without a legal status - the more difficult it will be for you in the future.

You could appeal this denial, or file for a fresh H1B - in both the cases, even if there is an approval, you will not be able to switch / gain status. You will have to leave the country and re-enter after a Consular Processing.

Personal opinion. I hope this helps.

Sorry about your visa, my friend.

Cheers,

Hello Nattybone, thank you for your time and reply. I will be talking to my employer and the law firm today to see what the best options for me right now are. I might most probably choose to apply for my H1-B through premium processing again and if approved will leave the country to get the visa stamping done and then re-enter.

Just staying positive for now. Thanks a lot again!


Regards,
Kishu

[kishu.09]

Just wanted to update that the lawyer has not received the Denial notice by mail yet. Does anyone know how long does it usually take for the notice to arrive?

[Nattybone]

Hello, Kishu.

It might take around 10 odd days. I know of someone who got the denial mail around 10 odd days after receiving the denial on email.

All the best.

Cheers,

Just wanted to update that the lawyer has not received the Denial notice by mail yet. Does anyone know how long does it usually take for the notice to arrive?