H1 transfer denied - wife pregnant - need advise

ambujjain

New Member
Hello Experts,
I got laid off in Nov 2008 from company A & joined company B. The H1 transfer for B got a RFE in Feb, was replied to within allowed time & on 6/8/09 denial notice was issued. Company B is not willing to appeal & suggests to travel back to India. They want to then do a premium H1 processing, get stamping done & them bring us back to US.

Question: I am told that if i get another company to file another H1 petition quickly (before 30 days provided in denial notice are over), i can get back in status & work on basis of receipt number. Is this correct?
If so, i would prefer to do this instead of moving back to India.


We are unwilling to travel due to the related stress of winding up the complete household and setting up again in India for 5-6 months so that the delivery can happen safely. Also, travel itself is not advised at this time (3rd trimester)

Other Inputs:
- Company A got the H1 cancelled subsequent to lay-off
- Company A's H1, which was earlier approved, has been updated to "Re-opened, pending" by USCIS
- I-94 (from company A's H1) are valid till JULY 2011

Please help & advise. Thanks.
 
Do you know the reason your company B's H1 denied.
If it is your status issue then you have problem.

Hello Experts,
I got laid off in Nov 2008 from company A & joined company B. The H1 transfer for B got a RFE in Feb, was replied to within allowed time & on 6/8/09 denial notice was issued. Company B is not willing to appeal & suggests to travel back to India. They want to then do a premium H1 processing, get stamping done & them bring us back to US.

Question: I am told that if i get another company to file another H1 petition quickly (before 30 days provided in denial notice are over), i can get back in status & work on basis of receipt number. Is this correct?
If so, i would prefer to do this instead of moving back to India.


We are unwilling to travel due to the related stress of winding up the complete household and setting up again in India for 5-6 months so that the delivery can happen safely. Also, travel itself is not advised at this time (3rd trimester)

Other Inputs:
- Company A got the H1 cancelled subsequent to lay-off
- Company A's H1, which was earlier approved, has been updated to "Re-opened, pending" by USCIS
- I-94 (from company A's H1) are valid till JULY 2011

Please help & advise. Thanks.
 
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