H1 Transfer Denied

N

naanin

Registered Users (C)
Hi There,

I have the H1 approved for company A. I got an offer from company B and the company B filed for H1 transfer. I started working for company B on receipt notice. Now after 3 months, INS denied the H1 transfer. Company B's attorney appealed that decision and now the status shows that the case is referred to the administrative appeals committe and that office will notify any further action taken on this case. It's been more than two months now since the appeal was made and we still didn't hear anything from the nebraska service center. I am still working with Company B as the attorney says that I can work with company B as the case is pending at the administrative appeals committe. My questions are:

1. Can I still work for Company B?

2. Can I go back to my previous company, which is company A without hearing anything from administrative appeals committe?

3. In case the committe approves or disapproves the case, what will happen if I go back and start working for previous company A?

4. Company B is planning on processing the green card by starting the labor certification process. Can I do that? If so, what will be the best way to do it (future employment????)

Please help me with this situation as this is becoming really complex for me. Thanks in advance.
 
H1 Transfer

Hi,

I was in the same situation as yours i was working for company A, transferred my H1 to company B but transfer got rejected. I did had latest paystub from company B and transfer receipt i immediately transferred my H1 visa to company C in other center and it got approved. To be frank to you once the case goes in AAO its approval is very difficult. I would suggest you to transfer your H1 to some other company with your receipt and paystub immediately.

Hope this helps i have answered your question below.

1. Can I still work for Company B?

A1. According to my knowledge you cannot work for company B as INS has rejected this case and send your case to AAO which might take more than 6 months time to give you result. I would suggest go through RFE and USCIS might have clearly mentioned in it. They might have mentioned that you can continue to work for company A as they wouldn't know that you have started working for company B on the receipt.

2. Can I go back to my previous company, which is company A without hearing anything from administrative appeals committe?

A2. Yes you can go back to company A but i think you might require to transfer your H1 visa to company A as you have already resigned company A and are working for company B. ** I would request you to consult with good attroney as i am not 100% sure about it.

3. In case the committe approves or disapproves the case, what will happen if I go back and start working for previous company A?

A3. Please refer to A2.

4. Company B is planning on processing the green card by starting the labor certification process. Can I do that? If so, what will be the best way to do it (future employment????)

A4. Dont think about GC you are in big H1 problem i am not commenting to frighten you but telling you truth bcoz i have gone through this situation and i had so much questions in my mind. I would suggest you to concentrate on H1 issue and not think of GC.


naanin said:
Hi There,

I have the H1 approved for company A. I got an offer from company B and the company B filed for H1 transfer. I started working for company B on receipt notice. Now after 3 months, INS denied the H1 transfer. Company B's attorney appealed that decision and now the status shows that the case is referred to the administrative appeals committe and that office will notify any further action taken on this case. It's been more than two months now since the appeal was made and we still didn't hear anything from the nebraska service center. I am still working with Company B as the attorney says that I can work with company B as the case is pending at the administrative appeals committe. My questions are:

1. Can I still work for Company B?

2. Can I go back to my previous company, which is company A without hearing anything from administrative appeals committe?

3. In case the committe approves or disapproves the case, what will happen if I go back and start working for previous company A?

4. Company B is planning on processing the green card by starting the labor certification process. Can I do that? If so, what will be the best way to do it (future employment????)

Please help me with this situation as this is becoming really complex for me. Thanks in advance.
Click to expand...
 
Hi,

Thanks for the reply. Well, my employer's lawyer (Company B) says that I can work for it until we hear anything from AAO. I will consult other lawyers too to clarify this. Company B is also saying that we can get the approval if we file for H1 transfer again with proper documentation. Does it make any difference if we file again because it goes to the same service center? I am also thinking of filing for a fresh H1 with another company, which will be my concurrent H1 but I need to wait for the additional 20k H1s to open up in march for doing so. Please let me know your thoughts on that.

Thanks.
 
H1 Transfer

Hi,

Verify with some other lawyer whether you can work for same company when your case is in AAO. According to my understanding my lawyer said no. Filing H1 transfer again doesnt make any sense to me bcoz INS has everything in records if you are filing in same service center. If you file other concurrent H1 and if you get approval you might require to go back to your home country, get it stamped and come back again.

Have you done your MS from US university bcoz only then you will be eligible for 20k H1's in march ?

Did you read RFE why was ur visa rejected ?

Hope this helps.

naanin said:
Hi,

Thanks for the reply. Well, my employer's lawyer (Company B) says that I can work for it until we hear anything from AAO. I will consult other lawyers too to clarify this. Company B is also saying that we can get the approval if we file for H1 transfer again with proper documentation. Does it make any difference if we file again because it goes to the same service center? I am also thinking of filing for a fresh H1 with another company, which will be my concurrent H1 but I need to wait for the additional 20k H1s to open up in march for doing so. Please let me know your thoughts on that.

Thanks.
Click to expand...
 
H1 Transfer case not accepted

I too have been a victim of transfer case. But, mine is somewhat unusal since the NSC has not rejected the case, but haven't accepted it. They returned the case after 11 1/2 months.

I moved from Company A to Company B in March 18th, 2005 and filed for H1B Transfer. Company A was a non-profit organization. While working for Company A, I had to file for an H1B extention since my first H1 was only for 1 yr. and 9 months. When I filed for extention with company A, in the 129 W form in part B and part C, we did not selected it to be a non-profit organization. My H1 was approved. When I moved to Company B, we filed it has a Transfer, based on the forms filed during my 2nd H1 Extention. On march 02, 2006, they returned the fees saying that this case is subjected to H1 Cap and there are no H1 available at this time.


Its been a year now and I am in no position to go back and work for Company A. USCIS took 11 1/2 months to make that decision that it is a cap case. During this 11 1/2 months we tried to contact them by phone, written letter and Congressman's office help, but they did not responded. On top of all this we also filed for premium processing in november'2005 and they send back the fees saying that we cannot process the case due to "unforseen circumtances". My Attorney asked for the unforseen circumtances and no response.

Now there are several points where USCIS has mishandle this case.

1) It took them 11 1/2 months to make the decision that this is a Cap case.

2) When I filed my 2nd H1 Extention for Company A, they should have raised RFE that this is a non profit company and the 129W wasn't filled in properly.

3) When they approved the 2nd H1 Extention, indicates that they have issued me H1 from the CAP.

4) Even when we asked for premium processing they would have told us that the case cannot be accepted and we could have refilled since the H1B Cap was open for Master's Degree Quota.

My attorney has refile the case on March 8, 2006 with detailed explanation Hoping they accept it.

I know , it is a long post, but this would help someone who would post their suggestions.

My question are:

1) Can I still work with Company B.( My attorney says YES).

2) If they don't accept the 2nd time as well, what could be done?

3) Can I appeal to AAO or Federal Court? How much time does it take and While the appeal is pending can I still work?

Any input is appreciated.

Thanks,
-rmshah
 
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