Is there any chance for H1 B Transfer getting rejected

[teneighty]

Hi

I was working for company A and now applied for a transfer to Company B (Consulting firm with more than 15K employees) and working as Business Systems Analyst. I did my MBA - IT in US and B.com in India.
I got my H1B (F1 to H1) from company A in Sep 2003 and got my H1B Stamped in Dec 2003. Project was assigned in July 2004. I am continuously on payroll since then.

Will there be any chance of H1B transfer getting rejected as I got a query saying explain how your Educational qualification meets the job requirement.

If my H1B transfer is rejected can I go join my previous employer as I have a vaild Visa till Oct 2006?

Thanks for your help

[anilkumar246]

Yes, absolutely there could be a chance of getting H1B visa transfer rejection. One of my friend had same experience. Say, if you already started working for New Employer as soon as he applied for your H1B transfer/extension and if it got rejected, that's it you have to pack and leave the country as you would be out of status. Then you have to go and get a new visa in India and come back. In order to avoid that,

1. Ask your new employer to apply for premium process (takes approximately 2-3 weeks), once approved start work for him. Until then hold on to present employer.

2. Say suppose you already started working for New employer and it got rejected. Still you can back to your old employer and work for him, if he doesn't cancel your visa. And that should be happen in very small amount of time (I mean coming back to old employer. If more time lapsed again that could be a problem).

So think wise and take a decision.

AKS
(Not a Legal Advice/Suggestion)

[quizzer25]

Hey what happened to the RFE transfer?

how did you respond and whats the status now?

pls respond as iam in the same boat