H1B Transfer Denied- Options

[Lilcrazy]

Asking for my brother, suggestions please:

He came here in 2011 from Infosys on L1. He then joined the same client full time on H1B in 2013. Was working there until June,2019 with I-140 approved (2014). His recent extension (1st extension based on i140) was filed in December, 2018 and approved until 2021 and got the stamping done in January,2019.  
 

In June, 2019 got laid off from company A. He joined Company B on receipt notice. Got RFE on speciality occupation and eventually status got updated last Friday as Denial. What are his options now.

Should he go to India this week or can stay for more time ? His previous company didn’t revoke his petition and i94 is valid until 2021. Have mixed opinions, so, posting here.

 

Please suggest. This stress is so hard  to take !

 

 

[Anta Assamey]

[MagaMaharaju]

3 minutes ago, Lilcrazy said:

Asking for my brother, suggestions please:

He came here in 2011 from Infosys on L1. He then joined the same client full time on H1B in 2013. Was working there until June,2019 with I-140 approved (2014). His recent extension (1st extension based on i140) was filed in December, 2018 and approved until 2021 and got the stamping done in January,2020. 
 

In June, 2019 got laid off from company A. He joined Company B on receipt notice. Got RFE on speciality occupation and eventually status got updated last Friday as Denial. What are his options now.

Should he go to India this week or can stay for more time ? His previous company didn’t revoke his petition and i94 is valid until 2021. Have mixed opinions, so, posting here.

 

Please suggest. This stress is so hard  to take !

 

 

[Lilcrazy]

January,2019. I am  for the typo

[HugoStrange]

with I140 approved he has 30 days. 

[Aleluaya]

1 hour ago, HugoStrange said:

with I140 approved he has 30 days. 

Eh rule epudu vinale sodara.. emana related links untey vey

[DannyArcher]

1 hour ago, HugoStrange said:

with I140 approved he has 30 days. 

I think 60days grace period.  

 

[sureshkonda]

Grace period ledu. Out of status kinda vasthadu inka ikkade unte.

[srinima]

If he can go back to his employer he can go back without issues... previous employer h1 validity untey just fill i-9 form and go back

[No_body_friends]

3 hours ago, MagaMaharaju said:

intelligent girl 

[srinima]

I was in the same boat in 2018 and silently went back tomy previous emp and extension also got approved with him... its really like nothing Happened...

[user789]

3 hours ago, Lilcrazy said:

Asking for my brother, suggestions please:

He came here in 2011 from Infosys on L1. He then joined the same client full time on H1B in 2013. Was working there until June,2019 with I-140 approved (2014). His recent extension (1st extension based on i140) was filed in December, 2018 and approved until 2021 and got the stamping done in January,2019.  
 

In June, 2019 got laid off from company A. He joined Company B on receipt notice. Got RFE on speciality occupation and eventually status got updated last Friday as Denial. What are his options now.

Should he go to India this week or can stay for more time ? His previous company didn’t revoke his petition and i94 is valid until 2021. Have mixed opinions, so, posting here.

 

Please suggest. This stress is so hard  to take !

 

 

He can go back to previous as long as its valid. No issues.

What was the exact reason for den1al ? 

[krishna0125]

3 hours ago, Lilcrazy said:

Asking for my brother, suggestions please:

He came here in 2011 from Infosys on L1. He then joined the same client full time on H1B in 2013. Was working there until June,2019 with I-140 approved (2014). His recent extension (1st extension based on i140) was filed in December, 2018 and approved until 2021 and got the stamping done in January,2019.  
 

In June, 2019 got laid off from company A. He joined Company B on receipt notice. Got RFE on speciality occupation and eventually status got updated last Friday as Denial. What are his options now.

Should he go to India this week or can stay for more time ? His previous company didn’t revoke his petition and i94 is valid until 2021. Have mixed opinions, so, posting here.

 

Please suggest. This stress is so hard  to take !

 

 

He needs to go back, no option. Or apply new petition immediately with new employer but still that's a risk if he again get rfe about explanation of status for the time he got denied and he applied new h1b.

60 days grace period is applicable if employer lay you off etc. not when petition is denied

[soodhilodaaram]

old client lo layoff aite how can he go back to old employer, he can may be apply for other similar positions back at old employer

if it was FTE, H1B might have been withdrawn with old employer within 30 days of last payroll

 

 

[Joker_007]

Copy Pasting from Web

 

 

What to Do After Denial

If your petition for H-1B transfer is denied, there are several steps that can be taken to go around this depending on the reason for the denial:

• Your employer can file a different I-129 petition on your behalf. In order to find supporting evidence to subvert the previous transfer denial, it is best to seek the counsel of a qualified immigration attorney.
• If your transfer petition was denied because of improper documentation or a payment problem, you may be able to refile and seek approval provided that the mistake has been fixed.
• If your employer will not file another petition on your behalf, you may want to consider seeking an employer who will file.

Unfortunately, your denial letter will likely contain a statement that makes appealing your H-1B transfer denial impossible. However, you may be able to file a legal motion to have your case reopened or reconsidered.

• Motion to reopen – this is used when new evidence has come to light and you believe that, if the evaluating officer were to reopen your case with this new evidence, a different decision might be made.
• Motion to reconsider – this is only used if you believe that the evaluating officer was wrong in his or her decision to deny your H-1B transfer.

Keep in mind that these are both delicate legal procedures that should not be attempted without the help of an experienced immigration attorney.

H-1B Denial Grace Period

If you are attempting to transfer your petition and your transfer is denied, you will have until the departure date on your I-94 arrival/departure card. If your employment is terminated before your H-1B validity period is over, you will have a 60-day grace period with which to find new employment, change your status to a new visa, or leave the country.

If you are still in the U.S. after your departure date, you will be at a serious risk of being considered “out of status”, which could result in you being barred from further entry into the U.S.

Transferring from Cap-Exempt to Cap-Subject

One question we often get is this: can someone apply for an H-1B through a cap-exempt employer and, once in the U.S., simply transfer to a cap-subject employer to avoid the lottery? The answer to that question is no.

If you enter the U.S. by petitioning for an H-1B under a cap-exempt employer (such as a university or a government research program), you can only transfer your H-1B status to other cap-exempt employers without counting against the cap. As soon as you attempt to transfer your status to a cap-subject employer, your petition will be entered into the lottery, which means that you need to file the petition on April 1st with everyone else.

Premium Processing

Fortunately, you can use premium processing for your H-1B transfer petition. By filing an I-907 along with your H-1B petition, you can shorten your petition’s processing time from the usual average of six months to just 15 calendar days. This service is completely optional and you will also be responsible for the $1,410 fee.

H-1B Extension Denial and Rejection

Getting your H-1B transfer denied can be difficult and negatively impact your life in the U.S., but at least you will still have your status. Petitioning for an extension or renewal and encountering a denial can result in you having to leave the country.

The number one tip for filing for an extension is to file long before your H-1B is set to expire. This way, if your extension is denied or rejected, you will not be considered out of status, which could result in long-term bars from re-entry. However, if you encounter an extension denial, you will need to find a new solution or leave the country when your validation period is over.

To avoid an H-1B extension denial, you will need to ensure that you have not yet reached the six-year normal maximum stay under H-1B status. If you are only approaching the 3-year mark, then there are some other factors that could have contributed to your denial:

• Your job has changed and is no longer considered a specialty position
• Your relationship with your employer has changed so that you are no longer in a legitimate employer-employee relationship. For example, if you were hired by a staffing agency and are now working for a client of that agency.
• You have committed a crime in the U.S. or otherwise violated your status.

Denial vs Rejection

One thing to understand is that there is an important difference between the terms “denial” and “rejection” in immigration law. The USCIS adjudicates petitions with a two-pronged approach. During the first prong, an evaluating officer will look over your case to make sure that all of the information is present and correct on the petition, that all fees are sufficient and correctly filed, and that all necessary supporting documents are present (e.g. passport copy). If your petition does not pass this prong, it will likely be rejected.

During the second prong, the officer will examine your case to see if it merits an H-1B visa transfer or extension based on whether you and your employer meet the necessary requirements through the supporting documents and petition. If your petition does not pass this prong, it will likely be denied.

Essentially, rejections happen when there is a simple or technical error with your petition. The answer is to simply fix the error and refile. On the other hand, denials happen when the evaluating officer does not believe that your case merits an H-1B transfer or extension. To fix a denial, you will need to either solve the issue that caused the denial, petition with a different employer, or file a motion to reopen or reconsider.

How Our Immigration Attorneys Can Help

In most instances, USCIS will provide a request for evidence (RFE) prior to adjudicating an application for H-1B Transfer. This allows the employer to correct the problems or provide the evidence requested by USCIS.

Requests for evidence shall contain a list of requested documents in addition to a deadline for submission. Failure to provide the requested evidence or failure to respond within the allotted time-frame – shall result in a denial of the H-1B Transfer application.

It is important that applicants and petitioners for H-1B Transfers consult with an immigration attorney prior to filing an application for Transfer or responding to a Request for Evidence.

Feel free to fill out this contact form to find out if you qualify for a free consultation.