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H1B Transfer Denied, applied another H1B PP - Please Help

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  • H1B Transfer Denied, applied another H1B PP - Please Help

    I have applied for H1B transfer to company B in May'08, it is denied on Sep'11 08, my paystubs are generated until sept'11th 08 with company B.

    I have applied for premium processing with company C and I got RFE and Query answered.

    I came to know that company A has revoked my H1B.

    I am still working as usual from past 6 months and i have questions like,

    1. Am i out of status as my company A has revoked my H1B.
    2. Am i be eligible to stay in USA until any decision with my company C is made?
    3. Should my pay stubs has to generate from company C.

    Please suggest me...

    Thanks

  • #2
    Here is what I remember as I have been a "spore" lately.

    Here is the thing. When you start working for B with H1 receipt and later this H1 is denied, you can no longer work for B. You do however have an option to go back to A. But this option is gone since A revoked your H1.

    Since your H1 transfer from B to C is still pending and assuming you applied before you got the B denial, you may be in the perioid of authorized stay till you get the final decision on transfer to C.

    Talk to some attorney.

    Txh1b, correct me if I am wrong. I feel like I lost whatever little edge I had.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

    Comment


    • #3
      Search for "bridging" on the forum. Your transfer to C will get denied as you were out of status at the time of filing due to denial of B. You do not qualify for AC21 portability use either with C and should not work.

      See an attorney and don't accumulate unauthorized presence.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        Thanks DMX17 and txH1b

        I have filed the new H1 with Company C with Premium Processing after the Company B got Denied.

        I spoke to my attorney and she said i am in status.

        is that right? can you please let me know .

        Comment


        • #5
          No, you are NOT. Did you try to read the bridging posts?

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment


          • #6
            Thanks a lot txH1b, whats this bridging generally means ...

            In the worst case, if h1 gets rejected then, are there any chances to stay in USA or go back to home country ??

            any suggestion please..

            Thanks

            Comment


            • #7
              Read it first and then ask your questions.

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

              Comment


              • #8
                Thanks a lot DMx17 and Txh1b.

                My H1 got approved today... thanks for ur support.

                cheers

                Comment

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