H1 status says Denied (Urgent)

[meetmeatohio]

I have transferred my H1 recently and now the status says my H1 has been denied. I received a new offer from company B and I am waiting for them to file my H1. Does this mean I have to leave the country? Please let me know.

Thanks

[DMX17]

http://www.immihelp.com/forum/showthread.php?t=42666&highlight=depart

Read this first and modify your questions based on the info you gather here.

[meetmeatohio]

Questions

I had a H1 with Company A till Jan of 2008. Then applied for transfer of H1 from Company A to Company B.

There was an RFE on this petition and now it is Denied.

In the mean time, I received an offer from Company C. They should start my petition pretty soon.

Do I have to leave the country? I have a valid Visa (of Company A) till the end of 2009.

Please let me know.

Thanks

[DMX17]

When will they apply?
When did you receive the denial?

[meetmeatohio]

I797

Company C wil apply in a couple of days.

I subscribed for email updates from USCIS and received the email tonight at 5:00pm EST.

[DMX17]

I would advise you to apply the new H1 as a consular processing and entering with a valid visa with the approval notice.

[meetmeatohio]

Please explain

Could you please elobarate your suggestion?

I have a valid visa and I am waiting for company C to apply for my H1.

[meetmeatohio]

consular processing

What does consular processing mean? Please xplain.

[orion]

You are out of status. What was the RFE and reason for denial? Consular processing means you'll have to appear for an interview at a US consulate outside of the US to apply for the H visa with your new approved petition.

[meetmeatohio]

don't know yet

I don't know the reason yet. I just saw the email notification and it says I will get the reason and my chances in a few days.

Do I have to leave the country immediately? Or can I use my existing visa (Valid till DEC 2009) to stay here?

Also, will my new H1 be under the lottery process as well?

Please let me know.

[txh1b]

You are out of status and no other status changes are allowed inside the US. You can go back to your previous employer and begin work if the I-94 is still valid.

New transfer will not be approved. Like others suggested, go with CP for it and enter once it is approved if going back to ex-employer is not possible.

[meetmeatohio]

h1

If my H1/I797 from company B is still valid then can I use that for transfer? If it still valid I am not "Out of the staus" is this correct?

[txh1b]

I am not able to connect the dots here. Your OP says Company B has applied for transfer. Now you say the I797 from them is valid. Is B your ex-employer, current employer or future employer? Be clear and specific for the members to provide proper guidance.

[meetmeatohio]

Sorry...I am tense and gave you the wrong info.

Ok.

I was working with company A till Jan 08. I received an offer from Company B and they filed for my H1 back in Jan 08. There was an RFE on it. In the mean time, I received an offer from Company C. Yesterday, I received a otification saying my I797 of company B is denied.

My questions are -

1) If Company A's I797/H1 is still valid, can I apply for transfer using Comapny A's I797?

2) If not, can I apply for H1 elsewhere and continue working in USA?

3) this is a new question.

I am trying to find out from company C if they filed for my H1 already. If they already did, then am I OK?

If they didn't would premium processing help?

[txh1b]

1. I797 is not an issue. That is used to just prove that you were cap counted in the past. Your status without a paystub is the issue. You can go back to A and work and get a transfer done if possible. Otherwise, it has to be a CP case and you should leave immediately if you have no plans to appeal.
2. #1 answers this.
3. Probably not as USCIS will approve that case most likely as a CP rather than EOS. Better go with premium for that so that you do not gain unauthorized stay. If that gets approved as a CP, you can go out, come back with a valid visa stamp that you already have and begin work for the new company.