I was working with Employer A with I797 valid till May 2021, but I was terminated in April 2018 and joined Employer B on receipt number in April 2018 and my case is denied today on 26th September. What are my options, Employer A has not withdrawn petition which is valid till May 2021.
I have the following questions,
- Should I have to leave US immediately or can my Employer B start a new petition without me leaving US?
- Can my Employer B start new petition for the same job?
- Can I use petition from Employer A for same job( currently working for Employer B)
If your i94 is still valid from employer A, then your only option is to go back to employer A and work for them.
You cannot work for employer B after the denial. Employer B can file a new application but you cannot start working for them until is it approved.
Can a new petition be filed from Employer C??
Thanks for quick response…
You can file a new transfer for C, D, E Or F but cannot stay in US as your transfer has been denied.
You can only go back to work for existing approved Employer if you want to keep staying in US.
My husband visa got denied Under 221g and sent back to uscis for review. Can you suggest me the possible cases for him to go back.
Can he transfer the employer?
Is this a new first time H1B or an extension that has been sent back for review?
If this a first time H1B, then the only option would be to file another H1B application in next year lottery.
Although, you can still file the H1B transfer as long as the USCIS has not taken a final decision. You may get lucky if they do not revoke and your transfer may get approval.
Thank you for the reply. Can his current employer withdraw the petition which is under admin processing when he transfer to another employer?
You need to understand that when you apply for H1B visa stamping, it is filed by you as an individual and not the employer.
Your husband can withdraw the pending H1B form 221g application. Employer cannot withdraw it as they have not filed it in first place.