H1B Visa transfer - I-129 Denined

[rajcdp]

Hi,
I transferred my H1B visa from employer A to B on May 2015. I received REF on August 8th 2015. Replied REF on Sep 3rd. On September 18, 2015 I got message saying “we denied your Form I-129, Petition for a Nonimmigrant Worker”. Yet to receive documents from USIS regarding denial of my H1 transfer
I have my I-94 validity till Feb 2016 with my previous employer (A).

Question :
1. Am on Status till my I-94 validity even though my I left my previous organization (A)
2. What is the impact if I transfer my H1B visa with new employer (C)
3. What is the chances of winning appeal the case (Am 100% sure I have sufficient document from my side like education certificates, experience letters, pay stubs etc)


Please suggest me how to proceed further

Thanks,

[shervin143]

1. Am on Status till my I-94 validity even though my I left my previous organization (A)
>>> Nope. Search and read about the last action rule. You should leave the country immediately.

2. What is the impact if I transfer my H1B visa with new employer (C)
>>> You cannot transfer. The transfer will be denied since you are currently working for company B and you do not have an approved petition for them. Your only option is to find an employer and ask them to file a petition for consular process. Leave the country immediately and when the petition gets approved, return back with the approved petition and a valid H1B visa. Even company B can re-file your petition as a new petition for consular process.

3. What is the chances of winning appeal the case (Am 100% sure I have sufficient document from my side like education certificates, experience letters, pay stubs etc)
>>> MTR will take more than a year. You cannot work until a decision is made on your case. Staying in U.S after filing a MTR is very risky.

[rajcdp]

Thanks for your reply

1. Am on Status till my I-94 validity even though my I left my previous organization (A)
>>> Nope. Search and read about the last action rule. You should leave the country immediately.
*** With in what time frame i need to leave the country now its been 8 days which i revived denial information ( my employer received denial 2 days back only)

Q. If am out of country new employer ready to transfer my H1B, if this new H1 approved do i need to go visa stamping again ( i have valid I-94 till Feb 2016 with my Employer A)

[shervin143]

*** With in what time frame i need to leave the country now its been 8 days which i revived denial information ( my employer received denial 2 days back only)
>>> It is advisable to leave as soon as possible. Worst case yu sould leave within 15 days so that tis illegal stay doesn''t affect your future H1B petition or visa stamping.

Q. If am out of country new employer ready to transfer my H1B, if this new H1 approved do i need to go visa stamping again ( i have valid I-94 till Feb 2016 with my Employer A)
>>> Your I-94 means nothing when you are out of the country. When you leave the country, you are supposed to return all the I-94 at the airport. To return back to U.S, you will need a valid H1B petition and a valid H1B visa. Any valid H1B visa, even if it is stamped for the previous employer will work as long as it remain valid as of the date of your return.