H1B TRANSFER DENIED - Legal status, New H1B vs MTR

P

polestar

New Member
SITUATION:
- H1B Transfer (premium processing) denied after RFE response
- Reason for denial: Position is not a specialty occupation; token employer ; etc (which is not the case)

QUESTIONS:
1. What is the risk of staying out-of-status?
(a) USCIS recommends ‘immediately’; however, no serious issues of overstaying upto 180 days. Is this correct?
(b) Is there something between 0 to 180 days which is considered safe?
(c) What specific problems be be caused by say 1-2 months of overstay?

2. Can new H1B application and MTR (Motion to Reopen) be filed simultaneously? New application (premium) will get the approval faster and MTR will fix the current out of status once approved.
a) Is there a problem if new H1B gets approved and MTR gets denied after that?

3. Are there some specific things which are helpfulful in proving that company is not a token employer (staffing/outsourcing company)?

Greatly appreciate any help/suggestions.
 
Risk is that you cannot transfer to another H1 since your current status is expired. Worst case ICE will show up at your door at an odd hour and take you away.

What is the date on your I-94?

What is the job description? Who is the employer (direct employment or body shop)? How many employees are in that company? How many in H1?
Is it a "desi" company?
 
nkm:
- Company will be doing new H1B application nopw and not transfer. Is there a risk in that?
- Company is not staffing company. It is direct employment. Like consulting firms. Around 50 people. Roughly 1/3 on H1B. No H1B denial in past.
- I94 is from previous employer H1B with a date of 2013. I doubt it would be valid as I left that job
 
What happens if your H1B petition is denied? What are the legal options available? Can your employer submit a new applicaction with the necessary amendments?
 
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