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Urgent: H1 Transfer Denied (want to understand my options)

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  • Urgent: H1 Transfer Denied (want to understand my options)

    I currently work on L1A visa. I applied for H1B visa thru a different organization (let's say A). The H1 thru this (small / botique) organization A was approved in October, 09 under “consular processing” category and with no I-94. I continued to work for my current organization and retained my L1 visa status.

    I received several job offers and initiated H1 transfer for one of them using the premium petition process. I was advised by an expert that since H1B Visa is approved under “consular processing" category - I am CAP exempt and can transfer to H1 in about 15 days using the premium petition process. I was also told that I would not need the paystubs from organization A to trigger the transfer process.

    So far so good…

    There was an RFE during the H1 transfer and was responded promptly by my prospective employer; however - USCIS eventually denied the transfer last week.

    I am writing this note to you to understand the options available to me at this stage.

    Also, what would be a better option >> to pursue an MTR thru the prospective employer that has filed for H1 transfer (and has received denial) or file for a new transfer thru another prospective employer.

    What is the SLA for MTR resolution esp. if the transfer was under the premium process?

    Since I just used my H1 to initiate a transfer (and received a denial) - after how much time can I use the same H1 and try to transfer it to another organisation.

    I handle the relationship management role and am BA / MBA (and not a BE); and wish to stay back in the US. What would be your advice on moving to H1 (or shall I continue with my current employer on L1 A and pursue a green card route)

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