H1B Transfer Denied ---- Pls Help its Very URGENT

blues170in

New Member
Hi Please help me in answering the questions the post is a bit long but it explains my scenario briefly.

!!!!!!!!!!!!!! Please its very URGENT !!!!!!!!!!!!!!!!!!!!!!

The Issue:
Context: H1B Transfer Denial Brief description:

1) Entered US in April 07 through Company A (I-94 stamped till Sept 09)
2) Company A created problems, so transfered to Company B (in June 07)
3) when working for Company B, got better offer from Company C (in Nov 08)
4) Filed H1B transfer to Company C from Company B on 17th Nov 08.
5) Received the Receipt number on 19th Nov 08, but did not work for them. 6) got laid off from the project on 5th Dec 08, when working through Company B.
7) Company B asked to leave the country or transfer the H1B , and gave a termination letter when decided to wait for a while and revoked the H1B by 9th Jan 09
9) Received an RFC/RFE for the, Transfer to Company C, on 5th Jan 09
10) Company C Replied to RFC/RFE by 14th Feb 09
11) H1B denied status updated on the uscis Site on 20th Feb 09
12) Received the Denied notice Reason "Company C didnt submit the End client Agreement Letter" As i am not on a project
13)Company C says that he could file the motion if i get a job by next week. Or else leave to India.

Note: Never went to stamp the visa for Company B still PP holds the visa of Company A *till Sep 09 & I do not have any more contact with Company A.

What are the options i am having now to cope up with the situation and not spoil the status here in USA.

Questions:
1) What is my current status, If iam out of status what are the implications and how to overcome those?
2) Can i apply for change the status to any other status like F1 or B1 and continue to stay.
3) How much time do i have to leave the country if i have to coz i have things that has to be takencare of like Car/Appartment.
4) Can i file for another transfer/ new H1B with Company D if willing to offer a job while continue staying in US?
5) Company C is willing to pay for the payroll starting from Jan 09 till Feb 09 (till Denial received date) Will this be acceptable as the H1B got denied and it would show that my status for the two months is not as on bench.
6) If i get a project can i file for another h1b transfer and should i start working. If NO then what should be the process to get back to USA and start working.
7) File a new H1B case thru current employer (while is waiting for appeal result, as a back up plan). will the application be counted under CAP, if NO then for how long?
8) While applying for another H1B Transfer/ New filing. should i mention about Company C / show its paystubs or should i request Company B to run the paystub for me (which is likely impossible)
9) How can i come back to USA in future legally on H1B
 
HI,

Your case is very complicated it seems. It's better you contact a immigration lawyer immediately. The better thing is contact any one of lawyer who gives initial personal consultation for free.
This is one of the website which gives initial personal consultation for free.
www.immigrationquestion.com
 
You have been out of status and are not working even at this time. The USCIS appears to have detected this and was correct to deny your transfer. You should have been aware that you must be paid at all times.
 
Top