H1B transfer denial valid i94

USA H1B
#1

Hi Anil,
My H1B transfer with employer B got denied(online status) today and waiting for notice.
currently working with employer B from April-01-2019 (started working on receipt)
Has I-94 till Sep 2021 but previous employer A has recently sent H1-B withdraw notice to USCIS.
Can you please let me know what option i have?

  1. Can I go back to previous employer A by staying in US
  2. Can I refile with new employer C by staying in US ? if so then in how many days should I file. and what happens even that gets rejected
  3. or is it better to go back to India and apply for H4 and come to US and apply for H4 EAD?
  4. or is it better to go back to India and apply for H1B as consular process by employer A or Employer C

It would be a great help if you can advice me on this.Please help.
Thanks in advance.

#2

Hi @Santosh

Sorry to hear about the denial.

If your old Employer has already withdrawn your H1B, then you are out of luck.

You should go out of US and then file H1B or H4 or both and then return to US with approved visa.

#3

Thanks a lot for the quick response Anil. Employer B is saying that they can refile with another company owned by them without even leaving US. Should I trust them? Is it even possible?

#4

Hi @Santosh

As per my information, you can refile the transfer but still cannot start working as your current status is ‘out of status’ after the denial.

#5

That means i still have to go out of US even after approval? and also what happens if that gets rejected again? is it considered unlawful presence for all these days?

#6
1 Like
#7

Hi Anil,
Can we refile if the the H1B transfer is denied with Employer B.

The Old H1B with EmployerA is Revoked (April 2019) and i94 is Valid till Aug 20 2019 - Does it effect anything

If we refile with employer B again does it come under Cap Exempt or not.

Thanks
Sandy

#8

Hi @sandy1113

I have moved your question on this page as your situation has already been discussed here. Please read above.

#10

I moved from ABC employer to XYZ employer on transfer receipt. Now the transfer got denied, but my I-94 is still valid for another 8 months and my previous employer (ABC) did not revoke my H1B.

My current employer XYZ is planning to refile my transfer petition but is telling me that I can start working again only once the refiled transfer petition is approved (cant work on just receipt for refile).

May I know if this is USCIS policy or company specific policy ?

#11

Hi @sun197895
Please read the answer here: