H1 transfer after denial - IMPORTANT

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darli123

Registered Users (C)
hi,

i have h1 approval from my prev employer, after that i transfered to current employer but got denial, so he did motion reopen, still i am with my current employer and working on project. i have valid visa from my prev employer till aug 08, so what options i have to stay in US? i thought to go back to prev employer. also is it possible to make another transfer ?
my wife gone to india, she also has valid visa of prev employer, so can she come back?

thanks pls help
darli
 
darli123 said:
hi,

i have h1 approval from my prev employer, after that i transfered to current employer but got denial, so he did motion reopen, still i am with my current employer and working on project. i have valid visa from my prev employer till aug 08, so what options i have to stay in US? i thought to go back to prev employer. also is it possible to make another transfer ?
my wife gone to india, she also has valid visa of prev employer, so can she come back?

thanks pls help
darli
Click to expand...
Need more info
you have H1 of Employer A and employer B fled H1 transfer and that got denied.
are you still working with employer A? or working with B? till what date is your I-94 valid.
what reason USCIS gave for H1 transfer denial??
 
If you are not working for Employee A any more then your first H-1 is no longer valid, you are soley on the grace of the MTR one and basically your status is good because you have applied for that, however if it is denied then you will be out of status at that point because you are not being paid by A any more and hence that H-1 is invalid hence you will not have an H-1 status.
 
hi ginnu,

i am working with employer B. my I 94 is valid till 30-sep-08. denial reason was "not provided paystubs of all months"

thanks
darli123
 
darli123 said:
hi ginnu,

i am working with employer B. my I 94 is valid till 30-sep-08. denial reason was "not provided paystubs of all months"

------------------------ go to the lawyer who filed H1 transfer and give the copy of all the pay stubs asked by USCIS
thanks
darli123
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1. Yes you can work for your previous employer.
2. No apply another transfer won't help you since query and issue was related to your paystubs.. I am assuming you didn't have all of recent ones in hand.
3. Your wife's status is derivative of your H1 right?
In that case she's okay to return, so long as you are in status & she's got valid visa then your change of employer doesn't invalidate her H4.
 
hi zCool

thanks for answer, i got relief after your reply. just could you clarify "derivative of h1"? i m not getting 3rd point.
she is having h4 visa based on my h1.

regarding your 2nd point, my old employer did not give paystubs but i have paystubs from current employer.

is there any other option do i have beside going back to prev emp?


thanks
darli123
 
A H-4 visa is allocated if a person is dependent on H-1B visa holder. So as long as you maintain H-1B (do not fall out of status) your wife would be able to return to the U.S. The best strategy would be to obtain the pay stubs from the previous employer and get the H-1B transfer to the current employer.
 
thanks much, i can ask my prev emp to give me paystubs but after leaving him i was on bench for 3 months with my current emp and he did transfer after that...what is the openion, will i get my h1 approved if i submit paystubs from prev emp?
 
Last edited by a moderator:
You joined your current employer yet did not work for 3 months. Why would your previous employer be responsible for paying you? Your current employer needs to pay you for the months you were in his employ and not paid. This is why you are unable to transfer.Your other option is consular processing.
 
Concerned4us said:
You joined your current employer yet did not work for 3 months.
-----------------it seems to me that he was working with A and then joined B and B filed H1 Transfer and his H1 Transfer through B got denied as he did not provide Latest pay stub copy of employer A pay stubs with H1 transfer filing papers. He was supposed to provide the copy of pay stubs of A at the time of H1 transfer.
Why would your previous employer be responsible for paying you?
-----------------if he was on H1 of A and employer A could not find job for him for 3 months still employer A is supposed to pay him the wages as per H1 rule.
Your current employer needs to pay you for the months you were in his employ and not paid. This is why you are unable to transfer.Your other option is consular processing.
Click to expand...

---------------- poster is not clear who did not pay him A or B and he is not clear if he was not working(for 3 months) at the time he was with A or B???? He needs to clear his situation in details so that others can understand his problem.no info is provided if he also filed I-485 or not or having EAD or not.....
 
Last edited by a moderator:
darli123:
Can you post the following:
1. Date you received the last paystub from Company A.
2. Date you filed the H-1B transfer from A to B.
3. Date you received the first paystub from company B.
 
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