H1b transfer denied after rfe

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H1b transfer denied after rfe

h1b transfer denied after rfe

Please be aware that, under section a 9 B of the INA, an alien who accures more than days of unlawful presence in the US, abd then depart, is inadmissible to the US for a period of either three or ten years. You may remain in your current nonimmigrant status until expiration date indicated on your I, Arrival-Depature record. However, if the date listed on your I has already passes, this Notice of Decision may leave you without lawful immigration status and you may be present in the US in violation of the Law.

But, i applied Amendment with different client and it was approved for one Month until Apr 30th This week it for Denied. Sorry to hear that. You can apply for another H1B extension or H1B transfer to another employee but you cannot start working until it is approved. Also, premium processing is currently NOT available. So, your only option is to go out of USA and then apply for either extension or transfer and wait for result.

The H1B RFE Approval Rate

You can apply for another H1B extension or H1B transfer: for same Extension i saw your comments somewhere like eligible for H1B premium processing if you file at Nebraska processing center. If you apply your H1B after the premium processing ban is lifted, you can apply in Premium anytime.

It depends on your denial reason and what your employer does to fix it. Hi Anil, Need suggestion from you. Thanks Anil for explanation. What is the reason for denial in your case?Forgot your password? By rajsonJanuary 9, in H1B : General. I was working with employer A and my visa petition was applicable till April 05, and I valid till April 15, I recently joined employer B on H1B transfer receipt biggest mistake.

I immediately talked to my employer and lawyer and at first they thought that best option is to file a MTR but my work will be in-authorized if MTR is denied and MTR can take months.

Later, they came up with a different option to file a H1B transfer petition again with same employer with fresh LCA and with normal processing.

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Lawyer told me that as my I is still valid till April 15th,I am not illegal in US and petition can be filed. I want to know whether filing H1B petition again with same employer again is legal and correct way to proceed. I am not able to understand that as of today, I am in no status, so on what basis transfer can be filed. I am also in same situation.

Denied it saying need new LCA. Thanks for any help. A new petition would likely only be approved for consular notification, due to you being out of status. You can also not continue working while a new H1 petition is pending, because you are out of status. I was in a similar situation last month. My old employer even revoked my i petition. The new employer applied for a new H1B out of cap in consular notification in premium processing, it got approved in 2 weeks time luckily.

Please note that you are not accruing any illegal status if your i94 is still valid, i have checked with multiple attorneys to be sure, i94, visa stamp and i petition are 3 separate things.

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If the I is not expired, the person just doesn't overstay overstay meaning staying past the validity of the Iand doesn't accrue time towards a 3- or year ban. My old employer revoked i before my case was denied, now my employer filed new petition.

h1b transfer denied after rfe

I had a visa stamping till may H1 revocation is completely irrelevant. A person is out of status from the layoff on, regardless if the H1 is revoked or not.

H-1B Transfer RFE

You need to be a member in order to leave a comment. Sign up for a new account in our community. It's easy! Already have an account? Sign in here.H1B denied and looking for options to stay in USA? Read on to find out ways to change status or file another H1B application. H1B denial rates have increased in past couple of years for IT consulting companies and the employee does not have many options if the denial comes after i94 has expired. If you filed H1B transfer after i94 expiry, then you cannot stay in US after the denial.

You must leave USA within days after denial. Your Unlawful presence begins from the next day after denial. If you filed H1B transfer before i94 expiry, then you can go back to old employer and work for them if they have not yet withdrawn the H1B. You can also file another transfer application with same or new employer and then start working on receipt.

Assuming you have started working as per new job description or new location on H1B Amendment receipt, you can go back to old job location. If you have filed an H1B extension based on pending H1B Amendment, you can keep working using the pending extension if amendment is denied. So, it is recommend that you start looking for other options as early as possible. You can go back to work as per the roles and terms of earlier approved H1B.

Emily Neumann says that there is no clear guidance from USCIS about options after H1b amendment denial and she treats it same as transfer denial in her practice. If your i94 has not expired on the date of H1B extension denial, you can file another extension and keep working in USA. You can stay in US because extension is for future time period and your current H1B approval is still valid. Extension denial does not invalidate your current H1B. If your i94 has expired and extension is denied, you should leave the US within days.

You can file another extension or transfer to another employer but you should wait for approval outside US. An employer cannot revoke an H1B.

H1B Denial, RFE Rates High for IT Consulting Than Direct Client

An employer can only file a request for H1B withdrawal if you stop working for them. It is important to understand an employee is obligated by USCIS to file the withdrawal once you have left the organization. Employer has no choice. You will also need to leave US immediately. You can search for a new H1B employer within this time and start your payroll on or before 60th day to get back to H1B status.

H1B Visa RFE’s – Top 10 Reasons Why RFE’s Were Issued by USCIS

Some people also plan their exit from company using the 60 day grace period but I do not recommend doing it. You have no option but to wait for next H1B season that starts in April to apply again.

You should work to fix the denial reason before filing again. Note that you should file the change of status application before your H1B denial. Off-course, the COS option comes into picture only when your i94 has expired. If they find one within 60 days, they join and then file for H4 COS application withdrawal. It is better to leave US and file another H1B or look for other options as mentioned above.I had an approved petition with Employer A and working with them for an year.

Currently received RFE and B asked me documents like degree certificate and education evaluation copy from employer A, when they filed my H1b. I got a very good offer with Employer C.

I am currently working with Employer A only.

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No issues. Both can continue in parallel. Can they file a legal case against me if i dont agree with them?? Please reply ur views…. By law, they are required to pay for the H-1 fees. They cannot recoup that money from you in any shape or form. Incase if they select and offer me, they will initiate my transfer my H1 may be MAR 15th or 16th. As my Employer A extension and Employer B H transfer happens around same time, below are my questions.

Which one will precede? Is both are valid? Whether it will 18 SEP or. It will be provided for 3 years. Employer B will request for 3 years as they are one of the fortune company. Please help me. Please reply ur views… Thanks Again….

Thanks saurabh for your reply on this.Many of you may be curious to know, how that may look like and the wording that USCIS uses for the same. One of our readers, keeping name anonymous, has been kind enough to share, despite his unfortunate situation for the benefit of everyone, so that you can be prepared.

Thanks a lot to him for sharing his H1B denial letter. Rfe only asked me to provide client letter manager letter and passport since I renewed my passport after I filed my extension. I am waiting for for international flights to resume so that I can go back as soon as possible. I have also registered for repatriation flight but no update yet. Questions 1. Once I go back how long I have to wait for applying H1B again?

I have just spent 1. Can I reapply H1B for same client for same position? Our internal immigration team says yes. What are the chances of it getting approved? Is there any new rule for H1B cap exempt now? Deb, 1. No need to wait. You are cap exempt, you can apply now also as consular processing.

You can. Try to fix the issues that came this time. My h1b visa extension got denied in January and also i94 expired. I have returned to India. When i asked my employer to send me a copy of the denial letter he refused.

Please list the steps.

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My employer filed my H1 in management Quota in for Business Analyst title. It got expired on September 9, with I expired the same date. Kashif, I am not sure, what do you mean by management quota. Technically No, as you are not in status at the moment. You are in period of authorised stay. You could have done that before the I expiration. Hi Kumar, I will check with the Immigration Attorney on the options available to me. Sid, They cannot put you on Loss of pay, that is violation of status.

Thanks, Kumar! I will do that. I am aware the latest assignment overrides the I validity that was given by a previous approved assignment. So, my I validity is now reduced from Aug to May as per the earlier approved assignment. What I am not sure about is: The most recent approved assignment is approved till April for a location X.

Prior to the latest approved assignment, I had approved I till July-end for location Y. Sid, You need to check with your attorney on this, if they can re-use the old LCA.Each H1 petition is separate. Employer X filed his petition independent of Employer Y petition where you are the beneficiary in both the petitions, which doesnt matter.

Answer: No, but he can request details to USCIS about this, he cant do anything to your other immigration petitions legally even he knows. Answer: As I said above, each petition is independent.

Thanks a lot for quick response. As I said before, its like you got two job offers at a time. One had no impact on other, unless and otherwise you tell them. I94 is expired on June 25, H1b extension from current company is in progress Responded to RFE, waiting. New employer filed the H1b transfer petition exactly 3 days after i94 expiry date. Could you please let me know whether this petition will be approved or denied as they applied 3 days after i94 expiry date.

h1b transfer denied after rfe

Technically you are out of status at the time of extn filing but there is a grace period relief. But if there is any other issue on your petition, it may inflate this issue. I would say, dont worry about it for now. Good luck. Thanks a lot. Please confirm once. I will post my updates accordingly. Dont worry, you are fine.

Now answers to your questions: Question 1: Does my current employer X will know if I have filed H1B transfer from any source i.

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Yes Dont worry, do the right thing, you had nothing to be worried about. Would it be possible for h1b visa stamping with approved petition if h1b transfer has RFE? Please let me know what are the possible options I have here.May 14, by Beeraj Patel, Esq.

With a request for evidence, you may be asked for additional materials or evidence to allow for a more in-depth analysis on whether or not you are eligible for any benefits you claimed. Receiving an H1B RFE does not mean that your application has been denied, but rather that there is specific information missing. Once you receive the notice, you will have the opportunity to submit the missing documents or materials so that eligibility can be re-determined.

If the required evidence is provided based on the RFE notice given, there is a strong chance that your H1B visa application will be approved. There are a number of reasons why a request for evidence request may be given. Level 1 is considered entry level while level 4 refers to a fully competent employee. If an employer claims that they are hiring for a specialty occupation but is only paying out level 1 wages, an RFE may be sent out to clarify.

Some level 1 job positions may not qualify for H1B status as the position is expected to be specialized. When determining eligibility for an H1B visa, the employer-employee relationship is looked at carefully. These relationships typically include the supervision of an employee directly by an employer, an employer who has control over an H1B employee, and the supervision of an employee on-site or off-site. As it can be difficult to establish the relationship when off-site, an RFE may be given.

The applicant must prove that he or she has maintained their status by providing pay statements and similar materials. On average, there is a 30 percent chance that your H1B application will result in a request for evidence. If you receive an RFE, you typically have between 30 and 90 days to submit the appropriate information or documentation. When responding to the RFE, be sure to address all questions and concerns in the notice to prevent further delays or a denial. However, approval of an H1B visa can take as little as 15 days or as long as 90 days or more, depending on the backlog and number of RFE notices being issued.

Inthe approval rate following a RFE notice was Init dropped down to Many of these denials were related to lack of proof for specialty occupations. As the H1B RFE approval rate has lowered to a concerning percentage, it is important to address your request for evidence appropriately and respond to each and every question in detail to reduce your likelihood of a denial.

Denials based on specialty occupations - H1B nightmare

Receiving a request for evidence from USCIS can be disconcerting, especially if you are counting on a fast approval. Fortunately, there are a number of things you can do to drastically improve your odds of approval following a RFE. This majorly involves looking at H1B requirements for guidance. Start by reading over your RFE to gain a solid understanding of what is being asked and why the notice was requested.

It is important to remember that you only have one chance to respond so take your time. In some instances, RFE documents requested cannot be provided or the demands cannot be met. In this case, you will need to respond to the inquiries as best you can while still following H1B regulations.

In these situations, it is wise to seek the assistance of a professional immigration attorney who has experience with H1B RFE approvals. For more information or to speak with an immigration attorney, contact Pride Immigration. Visa Waiver Program.


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