H1B Transfer Denied -- Need Help Urgently

[smsrinivas]

Hi,

I have H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions

1. Am I out of status?
2. Company A visa is valid till september 2009, so can I go back to Company A?
3. If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
4. What is the chances that Company B appeal for the denial and get it stamped in these situation?
5. What are my other options?

Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will be out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...

[arajesh19]

Hi,

I have H1B of Company A. This H1B expires in this September 2009. In May 2008, I got a good offer from Company B, and they applied for "Transfer of my H1B". Since June 4th 2008, I started working for Company B with the receipt in Hand. Since From June 3rd 2008, till Feb 2009, my case was in pending status. On Feb 13th 2009, USCIS did put RFE for some documents about Company B. During that period, I had emergency to travel to India, so I did go to India for 3 weeks, returned back on March 12th with old employer (Company A's) VISA only, as it is still valid till sept 2009 & more over my case of transfering visa to Company B is still on Pending status. After I returned back, Company B did reply to RFE & I got a email from USCIS saying that they have received it on March 23rd 2009. On March 30th I received one more email from USCIS, saying that my H1B transfer is denied & the denial notice will have the reason as well as options for you. Still I am yet to receive the denial notice.
With these things on board I have following questions

1. Am I out of status?

--- Yes, you are currently out of status since you started working for Company B on a USCIS receipt number. And since there is no approved petition (I-797) for Company B from the USCIS, your employment with Company B is no longer valid.

2. Company A visa is valid till september 2009, so can I go back to Company A?

--- I don't think you can go back to Company A without filing for a visa transfer since you stopped working for them prior to June 4th, 2008. I don't exactly know the legal process to go back to Company A. Please consult an attorney or wait for Seniors to respond.

3. If Yes, then if I go back to Company A, can I apply for Extension from them freshly with premium processing or something
4. What is the chances that Company B appeal for the denial and get it stamped in these situation?
5. What are my other options?

--- An immigration attorney or Seniors on this forum would be your best help. I am unsure about the answers for these questions.

Please do suggest me, as I believe as soon as I receive the notice formally to company B, I need to seize working and I will be out of status with immediate effect. The time I have is to adjust things is between today & the day I receive the denial notice...

All the Best
Rajesh