H1-B transfer denied

M

mpln4u

Registered Users (C)
Transfer of H1-B one company to other company denied


Hi all,

Present company I am working for applied for a H1-b transfer from prvs company on november 27th 2006. yesterday I came to know that it transfer has been denied for me. In between this 6 months 2 RFE was send asking for some company documents, not from me.

Now my present company is going to file a premium processing. is it a right approach?

My visa with prvs company is till 22nd Nov 2007, but I -94 is valid till 07 Aug 2007.


What is my status now?
what should I do now?
Is it possible H1-B transfer get denied?
what may be the possible reason for denial?

Any legal suggestions is appreciated.

Thanks,
-LN
 
If your transfer case is still pending, you can file a premium process to get the final decision from USCIS very soon. But as you said the transfer has been denied, why do you think filing a premium process can make USCIS change the decison? Did I misunderstand your question here? If the case has been denied, you need take some other legal actions not the premium process.

I heard other people's opinions before, it seems your previous H1b is still valid IF your previous company did not revoke it. In this case, you can return back right away to work for the previous company till the expiration date on your I-94 (or visa??? I am not sure.) Your current status is a serious problem now. No kidding. You need take actions as soon as possible to avoid out of status. What I am saying here is not legal opinion, you need ask the lawyer of your company.
 
h1 transfer denied

I'm on 7th year of H1

Got terminated by old employer, joined new employer within just one week.

Applied for visa transfer, got denied.

Feb / 22 -- got terminated by old company.

march/03 -- filed for visa transfer by new company under premium processing and started working on the same dates for new company.

march / 12 - got RFI

March / 27 - old h1 got withrdrawn by old company.

May / 23 - submited RFI

June / 4 - got denied.

I-94 is valid till Jan. 31st 2008



Can we do apeal in this situation ?

We have not received paper decesion yet. But i'm worried about my status now.

please please advise what ever you can.
 
You should consult a GOOD attorney immediately. From what I know, you are accruing "out of status" time.

If you have recent paystubs, you can apply for H1 transfer through a new company. Apply by normal processing...don't use Premium processing. That will give you another couple of months time...until your case is processed.
 
Hi Dingi,

How did you know that "March / 27 - old h1 got withrdrawn by old company"? Can you check this in online status check?
 
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