Double(??) h1b transfer

I

ITWorker

Registered Users (C)
I was working for company A last year, quit the job and joined company B. Applied for transfer in September 2001. Petition was denied in April 2002, company appealed to the administration and waiting for its approval. I am thinking of finding a new job, so i have few questions regarding the h1 process:

1) Is it possible to do a transfer again? or Should I file a new petition with the new company?

2) If transfer is possible, how significant the fact, denied once and still under processing, will play to get it approved? I have only the INS receipts and few pay stubs from my current employer. Are they enough to do a transfer? they don't ask for approval notice?

3) If I file a new petition, say most likely I will get it approved. When i go for visa stamping, will there be any problem?

4) My original h1b is nearing its completion. And this appeal is still under processing, so what my status will be?

any thoughts would be appreciated,
Thanks in advance.
 
It all depends on 2 things
1. What was the reason for denial. Was it related to your status or was it related to company's documents?

2. Are you out of status?

You can theoritcally do another H1 transfer, based on the answers to these questions, your H1 status might be approved, stamp might be approved...
 
Hi Jaxen,

Thanks for your reply.

1. company people are not telling me why it was denied. But I am assuming that happened because of company's documents. I gave all necessary documents including paystubs for the transfer. Anyway I shall find out that.

2. I have never been out of status. My first h1b company didn't revoke my h1b after I quit the job and it is still valid, I am sure about it. So I believe I am still in status.

My question is: Because the case went to admin appeal, will I be in status till I get a decision?

Thanks again
 
Until the appeal i spending and you remain with company B, your status is preserved.
When you apply for another H1 transfer, if you include the appeal information and latest paystubs from comapny B, I do not see any obstacles for your H1 approval (to company C)...
 
Jaxen... Could you please clarify this?

My original h1b, I94 and visa stamping expire on October 31st. My transfer is still in processing for my company. I already told my company that I will be leaving at the end of November. A new company is willing to file a fresh h1b petition using premium processing coming week. So If I get the receipt number on first week of November, I assume I get the approval notice sometime in the third week of November. I have a few questions:

1. Do I have to go out of US and get it stamped before start working for the new company?

2. Will I be in status for the few weeks of november because of pending case and still working for them? I am worried because of expiring I94 :(

3. Is it better to leave US on or before I94 expiration date and comeback again with new h1b and stamp?

thanks a lot,
IT Worker
 
1. No. But when the approval comes, if it comes without I94, you will have to go out and come back in using fresh I94. Till then you are safe.

2.Yes

3. It is always better. but not necessary. my opinion.
 
Jaxen, one more question....

Hi Jaxen,

My new employer thinks that it is risky to file a fresh h1 since my transfer went to appeal. Could you please clear my doubts?

1. Will INS cross-check my appeal before issuing new approval notice? or are these two cases independent and INS do not care about the appeal ?
2. Is it safe or risky to go for a fresh h1b?

Thanks in advance.
 
Original Answer...

it all comes back to why it was denied. Unless one knows the reason it is hazardous to take a guess...
 
Jaxen,

Seems like my employer won't give me the document. He gives some stupid reasons all the time. Is there legally anything I can do to get the info?

I know it is wrong to make decisions based on guesses but looks like it got denied because of company's problems or something. In that case, is filing fresh h1b would be a good idea?

Sorry to bother you and TIA.
 
Jaxen, finally got the letter from employer. It says that

"The petitioner seeks the beneficiary's services as a programmer analyst. The computer programming duties the petitioner has provided shows that the position requires a theoretical and practical application of a body of highly specialized knowledge and experience to fully perform the occupation. The supporting evidence does not meet the expertise level required to perform the duties as described in the petition.

The beneficiary may remain in his/her current status until the expiration date indicated on Form I94. If an appeal to the petition denial is filed and sustained, and if the beneficiary is otherwise eligible for the extension of stay, the Service will, on its own motion, grant the requested extension of stay."


1. What are my chances of getting a fresh h1b approved?

2. What will happen to my status after the expiration of current I94?

Thanks.
 
So the issue is your qualifications. If fresh H1 is for prg. analyst, chances of approval are slim, unless
1. job is changed to something like JR. prog. analyst
2. additional evidence is provided to show you possess the qualifications...
After expiry of the current I94 unless another Non immigrant visa petition is pending, you will have to leave US. Sorry.
 
Thanks Jaxen for your help all along. I am leaving to India next week and will be back with new H1 in couple of months.

Take care,
ITWorker
 
The current employer can file a new H-1 petition, with good supporting documents for you profession. It will be approved. I have seen this for my friend.
 
Did your stamping in India went through? Did you face any problem?

If got stamped, what are the process you did.
 
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