H-1 denied, H-1 revoked, and New H-1 to be filed

Sil

Registered Users (C)
I came to the US in Feb. 2006 with H-1 visa stamping on my passport for company A. I was on the bench period from the beginning and didn't get paid during those 4 months until I found a new job. In Jun. 2006 I applied for H-1 visa for company B in and took advantage of portability act and started working for the company B right away as soon as I received my application receipt. I was ever since waiting for the approval and today, I got the denial after such a long wait. Fortunately, I have another job offer in hand with company C that is ready to transfer/file for my H-1 visa. However, I have following questions:

(1) My ultimate interest right now is to work for company C. What are my chances to get everything straighten out and start working for company C as soon as possible on H-1 visa?

(2) My H-1 visa for company A might have been revoked already and now that my H-1 visa is denied for company B, how can I transfer my H-1 to company C?

(3) Let's say if there is no such thing as "transfer" of H-1 visa, can I apply for H-1 visa afresh for company C in premium processing and not be subjected to quota and waiting until April 2007?

(4) Am I illegal in the country already as of now? If yes, when must I leave the country?

(5) Finally, what's the best action that I could take now?

I know I sound begging, but I am begging anyway that if you could provide me any hints, would be greatly helpful.

Thanks,

Sil
 
Last edited by a moderator:
Sil said:
I came to the US in Feb. 2006 with H-1 visa stamping on my passport for company A. I was on the bench period from the beginning and didn't get paid during those 4 months until I found a new job. In Jun. 2006 I applied for H-1 visa for company B in and took advantage of portability act and started working for the company B right away as soon as I received my application receipt. I was ever since waiting for the approval and today, I got the denial after such a long wait. Fortunately, I have another job offer in hand with company C that is ready to transfer/file for my H-1 visa. However, I have following questions:

(1) My ultimate interest right now is to work for company C. What are my chances to get everything straighten out and start working for company C as soon as possible on H-1 visa?

Do you know the reason why your H1 transfer was denied in first place?
your answer will give more solutions.


(2) My H-1 visa for company A might have been revoked already and now that my H-1 visa is denied for company B, how can I transfer my H-1 to company C?

Possibly you will get a new H1 if you qualify, then you have to go out and get new h1 stamping from your home country. Consulate will raise question about your 5 months stay in US with no paystub.



(3) Let's say if there is no such thing as "transfer" of H-1 visa, can I apply for H-1 visa afresh for company C in premium processing and not be subjected to quota and waiting until April 2007?

(4) Am I illegal in the country already as of now? If yes, when must I leave the country?
If company A's h1 is cancelled , then you are out of status.


(5) Finally, what's the best action that I could take now?
Tell me the reason for your H1 denial?

I know I sound begging, but I am begging anyway that if you could provide me any hints, would be greatly helpful.

Thanks,

Sil
 
Dear Greatest Guru,

Thanks for your reply... I have yet not received my official H-1 denial letter, but my wife got her H-4 denial letter with the reason that her dependent visa is denied due to principal applicant's (that's me) visa is denied. We are expecting my H-1 denial letter any day. Ironically, the online status check does not tell anything for me or my wife about denial. It just say under process...and crap...

I will let you know ASAP the reason...

Thanks a bunch!!
Sil
 
Interesting Case

One of known person working for comp A got fired on Jan 19th 2007 and threatned to cancell / revoke the H1b.

Catch hold of a sponser with 2 months paystub applied for H1b transfer premium process on 29th January. to Vermont lock box.

papers were forwarded to CA premimum processing center on 6th Feb and receipt details came through e-mail, physical recipt yet to come.

On 9th Feb the H1 got approved waiting for papers.

Even the employer taken initiative to revoke the H1b, the papers have not reached or taken for process by USCIS.



Give me the denial reason, we will give you a solutions.


Sil said:
Dear Greatest Guru,

Thanks for your reply... I have yet not received my official H-1 denial letter, but my wife got her H-4 denial letter with the reason that her dependent visa is denied due to principal applicant's (that's me) visa is denied. We are expecting my H-1 denial letter any day. Ironically, the online status check does not tell anything for me or my wife about denial. It just say under process...and crap...

I will let you know ASAP the reason...

Thanks a bunch!!
Sil
 
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