H1B transfer denied, COS possible

[sansoniata]

Hi All,

I got a denial for my H1b Transfer from Company A to Company B today. I will really appreciate if somebody can reply to the following questions:

1. My employer is going to appeal to this decision. Can I file for a change of status to H4 (based on my husband's H1B) once I get the receipt notice for the appeal that my employer is going to file from H1B transfer denial. If I could, I would want to file COS, so if my appeal gets denial subsequently, i would have changed to H4.

2. I had started working for Employer B, once I filed for transfer. If the answer to Q 1 is yes, then I am assuming that I cannot work for Employer B during the appeal period.

3. If for some reason my employer decides not to file an appeal, and with the situation that my H1B transfer has been denied, can i still do COS to H4?

I have a sick mom with me whom I am taking care of and would hate to have to return back home right now. That is the reason why I want to file for COS to H4, while my appeal is pending.

Pls. reponse.

Thanks
Sonia

[txh1b]

Is your current I-94 still valid and are you still on H1b status getting paid by employer A? If so, there is hope. If not, there is pretty much no option to COS or transfer after the I-94 expired and there is no pending petition with USCIS.

Best bet would be to travel and get a H4 visa stamp if possible and not accumulate unauthorized presence.

[texas1235]

Hi Sonia,

Can you tell why your H1B transfer was denied. I am planning to do H1b transfer also.

Do you work for a consultant or a big company, is it Indian MNC or American company ? I work for an American employer.

Thanks

[PriyaSS]

Hi sonia,

Could you please tell me the reasons for the transfer denial? Did you provide all the documentation and were you in status all the time you are on H1B?

I am planing to apply for a transfer, and would like to know about this.

I appreciate your help,

Regards,
Priya

[mesaleem]

Hi All,

I got a denial for my H1b Transfer from Company A to Company B today. I will really appreciate if somebody can reply to the following questions:

1. My employer is going to appeal to this decision. Can I file for a change of status to H4 (based on my husband's H1B) once I get the receipt notice for the appeal that my employer is going to file from H1B transfer denial. If I could, I would want to file COS, so if my appeal gets denial subsequently, i would have changed to H4.

2. I had started working for Employer B, once I filed for transfer. If the answer to Q 1 is yes, then I am assuming that I cannot work for Employer B during the appeal period.

3. If for some reason my employer decides not to file an appeal, and with the situation that my H1B transfer has been denied, can i still do COS to H4?

I have a sick mom with me whom I am taking care of and would hate to have to return back home right now. That is the reason why I want to file for COS to H4, while my appeal is pending.

Pls. reponse.

Thanks
Sonia

If the denial is because of the Employer B's poor record( no of employees + financials) and if you've been maintaining ur status all the times in past, you immediately try to transfer with another good employer in premium.

You will get approval as happened to me in similar case.

Continue your work at client and do immediate transfer, forget going to appeal for Employer B's denial. For more read my post at http://www.immihelp.com/forum/showth...810#post171810