Can we apply H1 transfer after existing H1 extension is denied?

USA
21

Hi Anil,
My H1 is denied, online status is updated on 10 Oct.

My employer or attorney not yet recieved denial notice.

Does my out of status starts from 10 Oct or from date when we recieved the hard copy denial notice from USCIS ?
I am planning to leave the country in a week from now to be in safer side

I have a couple of job offers from two companies A and B. Employer A is ready to file H1 transfer in consular processing.
Employer B is saying since I am in out of status, they are saying they need to hire me in India and they apply H1 in overseas exempt quota . I feel this process takes some time.
In this situation since I will be in India after one week, Is it possible to intiate two H1 petions in parallel ?
Please suggest me.

22

Hi @kns

Sorry to hear about your denial.

You can file multiple H1B Transfer with no issues.

There is nothing like overseas quota. You can file both applications in Premium and return to US once any one is approved.

23

Hi Anil,
My case online denial was updated on Oct 10th 2019. My employer not yet received the hard copy of denial letter.
Attorney is suggesting to leave the country as early as possible preferably in this weekend i.e by Oct 20th.
Could you please tell me from when my actual out of status starts either from Oct 10th or by the date when we receive the hard copy ?

24

Hi @kns

You are out of status starts from Oct 11.

25

Hi Anil.
My PERM is already approved with my employer which I applied h1 extension and denied.
Perm has validity till Dec 2019.
Currently I am in India . As of now I don’t have opportunity in US with my employer.

In this situation Can my employer apply for I-140 ?

26

Hi @kns

Yes, an i140 can be applied for you using the approved PERM. Once the PERM expires, a new PERM would be required to file i140.

27

Hi Anil,
I have applied H1 through some other company B from India and currently it is in processing.

As I said earlier I have an approved PERM with my old employer A and it has validity till Dec 29, 2019.
In this situation, is it valid to apply I140 in premium through my old employer A even though my current H1 is processing through another company B.
Could you please suggest

28

Yes, you can apply i140 with old employer even if you are working for another employer on H1B.

29

Thanks Anil for your response.

I forgot to ask you one more thing
Since it is has only one more week for the expiration of perm which is Dec29, 2019 , is it a gud idea to apply I140 now ?

I have been following up with my old employer from 2 months, now he is ready to do that .

30

Hi @kns

You can apply i140 anytime before PERM expires.