H1B transfer denied.. please help

[shivashiva]

Hi,

I moved from company A to company B, so Company B has applied for H1b transfer and it was denied a month back and the lawyer applied for something called PO (I don't know if it is called motion or some sort of challenge.. i don't know if this acronym used) which i heard is gonna move to Washington central office, which may take an year. I have a receipt notice (Not approval notice) of the H1B applied from company B.

The company A has already withdrawn my prev H1B.

so my question is 1) am i legal to work now

2) can i do a h1b transfer to a new company C with the receipt notice ( of the H1B denied) for filing a new H1B (when i say new H1, it is not counted in the H1B quota)

I would really appreciate if you can let me know if someone has faced this situation. I am really tensed about this. It would be of great help if there is someone.

Thank You
Yogi

 

[great guru]

You are at very very high risk situation.


As of today , you do not have any status as your comp A's H1 is withdrawn. Do you know the reason why comp B's transfer rejected.

Now you do not have any basis to transfer your H1 to comp C.

Hi,

I moved from company A to company B, so Company B has applied for H1b transfer and it was denied a month back and the lawyer applied for something called PO (I don't know if it is called motion or some sort of challenge.. i don't know if this acronym used) which i heard is gonna move to Washington central office, which may take an year. I have a receipt notice (Not approval notice) of the H1B applied from company B.

The company A has already withdrawn my prev H1B.

so my question is 1) am i legal to work now

2) can i do a h1b transfer to a new company C with the receipt notice ( of the H1B denied) for filing a new H1B (when i say new H1, it is not counted in the H1B quota)

I would really appreciate if you can let me know if someone has faced this situation. I am really tensed about this. It would be of great help if there is someone.

Thank You
Yogi

 

[shivashiva]

Guru,

Thanks for the reply. A small change in the case now...

There were two queries on my H1B and even before replying to the second query, they sent the denial notice. Checked with INS, they told that is thier mistake.. so we opened a motion ot reopen as safe side and also we replied to the second query. and when i check the status online with the reciept nr, it says that they are still waiting from our company to send the reply..

in the denail notice, it was mentioned that it was denied due to company reasons.. not because of me.....

so now, if i am right, my reciept notice with company B is still valid and can i use it for the H1B transfer to company C?

could you please help me in this regard. also if possible, could you also post the reply to yogiatsap@yahoo.com

You are at very very high risk situation.


As of today , you do not have any status as your comp A's H1 is withdrawn. Do you know the reason why comp B's transfer rejected.

Now you do not have any basis to transfer your H1 to comp C.

 

[great guru]

If Company B h1 is not approvable then you can not go to C with the help of B.

Once B is approved you can go to C because you told company A withdrawn/cancelled your H1 alrady.

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Guru,

Thanks for the reply. A small change in the case now...

There were two queries on my H1B and even before replying to the second query, they sent the denial notice. Checked with INS, they told that is thier mistake.. so we opened a motion ot reopen as safe side and also we replied to the second query. and when i check the status online with the reciept nr, it says that they are still waiting from our company to send the reply..

in the denail notice, it was mentioned that it was denied due to company reasons.. not because of me.....

so now, if i am right, my reciept notice with company B is still valid and can i use it for the H1B transfer to company C?

could you please help me in this regard. also if possible, could you also post the reply to yogiatsap@yahoo.com