H1B transfer denial to new H1B

[sravans17]

Hello all, can you please help me as i have no clue what to do and i am hearing different answers from different people. Below is my situation

I was working for company A since Oct2013, went to Jamaica got my H1B stamped and it was valid till Sept2016.

I got laid off by company A on Dec2014, then i started my H1B transfer process immediately to company B and i received a RFE asking for client letter and in spite of providing the necessary docs, my transfer was denied, reason being "the job position not being a specialty occupation".

The denial notice has been updated online by 03/10/2015 and i have received the denial notice in mail by 03/16/2015, and i have stopped working after that day.
My MTR has been filed by company B on 04/07/2015 and it is still in processing.
Meanwhile, my original H1B from company A has been revoked, they have sent a letter out to USCIS on 03/06/2015, but it still hasn't been updated yet on USCIS portal that my case is being revoked.

So, meanwhile company C has filed for a new H1B on 03/27/2015 and it has been approved on 04/11/2015. But, i did not get a new i94 with my i797.


Experts kindly suggest what should be my next move and please help me with the below questions.

1. What is considered to be my out of status period?
2. What should be done to get back into status again?
3. Is my Visa stamp still valid? So i can re-enter the country and update my i94?
4. Or should i go back home and get my visa stamped to get a valid i94?

Note: I haven't left the country through out the whole process.


My Attorney suggests that i should go to Jamaica or Canada and get my I94 updated and i should be good to re-enter the country and start working again. But i took a second advice from another Attorney who suggest that i should go back home and get my visa stamped again.

I am really confused with what i read online and the what different Attorneys tell me. Kindly suggest me what is the best way to get back into status and start working again. I really appreciate your valuable time. Thanks a lot!!

[raghvi]

Hello all, can you please help me as i have no clue what to do and i am hearing different answers from different people. Below is my situation

I was working for company A since Oct2013, went to Jamaica got my H1B stamped and it was valid till Sept2016.

I got laid off by company A on Dec2014, then i started my H1B transfer process immediately to company B and i received a RFE asking for client letter and in spite of providing the necessary docs, my transfer was denied, reason being "the job position not being a specialty occupation".

The denial notice has been updated online by 03/10/2015 and i have received the denial notice in mail by 03/16/2015, and i have stopped working after that day.
My MTR has been filed by company B on 04/07/2015 and it is still in processing.
Meanwhile, my original H1B from company A has been revoked, they have sent a letter out to USCIS on 03/06/2015, but it still hasn't been updated yet on USCIS portal that my case is being revoked.

So, meanwhile company C has filed for a new H1B on 03/27/2015 and it has been approved on 04/11/2015. But, i did not get a new i94 with my i797.


Experts kindly suggest what should be my next move and please help me with the below questions.

1. What is considered to be my out of status period?
2. What should be done to get back into status again?
3. Is my Visa stamp still valid? So i can re-enter the country and update my i94?
4. Or should i go back home and get my visa stamped to get a valid i94?

Note: I haven't left the country through out the whole process.


My Attorney suggests that i should go to Jamaica or Canada and get my I94 updated and i should be good to re-enter the country and start working again. But i took a second advice from another Attorney who suggest that i should go back home and get my visa stamped again.

I am really confused with what i read online and the what different Attorneys tell me. Kindly suggest me what is the best way to get back into status and start working again. I really appreciate your valuable time. Thanks a lot!!

As technically you dont have approval for work for B, it seems you are out of status since the day you got last paid by employer A. I would suggest you clean the slate and start afresh by going for fresh stamping. Do you have all the documentation (client letters, SOW, etc.) with employer C?

This is my opinion not legal advice.

[sravans17]

Thanks for the reply Raghvi, I am planning on going to India and get my visa stamped. I have all the docs and my i797 now.

But, is my visa stamp still valid?
Cant i just go to Canada or jamaica and step back into the country and update my i94...will this work?

[gurpreetmultani]

H1B transfer denial notice needed

Hi All,

I have a situation here.

I am working for one IT services company A . I got one job offer from other Services company B.
I did not resign from company A(Thank God.) and Company B started my H1B transfer. They got some RFE and then later on my H1B transfer was denied. Company B is still working to see if my H1B transfer can be refiled.

Problem: As per Company B point of contact, they can not reveal the reason of RFE and also the reason of denial due to their Company polcies. I am not sure what is happening there. Please let me know how can I get my denial notice as this will be required for my some future job as well.

Please help here.

Thanks,
Guri

Thanks for the reply Raghvi, I am planning on going to India and get my visa stamped. I have all the docs and my i797 now.

But, is my visa stamp still valid?
Cant i just go to Canada or jamaica and step back into the country and update my i94...will this work?

[punnapr]

H1B transfer got denied

Hi Everyone,

I had entered into the country with Company A H1B visa. Due to some issues I planned to transfer to company B .

While the H1 is in transfer , I started working for company B.

H1B transfer got denied but still don't know the reason why it got denied.

Company A had not revoked my H1B , My I-797 with the company is still valid till 2016,

I have a valid I-94 and I-797 and valid visa stamping

My questions are,

What could be the reason why it got denied ( any wild guess , since I have provided all the doc's USISC need) ?

Can I still work for company B ? If so

what are the odds I can still work with company B ( like how many days ) since they are going to review the reason for denial and do apply for MTR ?

Also company B is saying that they will apply a new petition again ? Would it be risky if they apply a new petition , I personally don't want to go to company A ?

According to company B they are saying I can still work with them. I am so confused .

Please help me and advise me.

Regards,
PR