Hi,
I have applied h1b transfer to new employer and it got denied today (I think it is based on specialty occupation because they applied under computer system analyst title) and also they have applied amendment which is still pending.
Now I got full time with other company can I apply transfer to new company??
what are the possibilities of approval?
Hi @anononymus
You are saying many things in one sentence and i am not clear with your exact situation.
You applied for h1b-transfer and it got denied. That is okay.
You said your NEW employer also filed for H1B amendment?
Or you mean to say your current employer filed for H1B amendment and it is still pending?
Yes, you can apply for any number of H1B transfers.
The possibility of approval depends on the paperwork your employer submits for the H1B position they are offering you.
Each H1B application is looked at separately based on the employer’s credential and the supporting documents that they submit.
Yes the current employer who applied for h1b transfer and got denied also applied my ammendment which is still pending.
I have offer from other client now, so can I transfer with pending ammendment ?
Can I tell my client that my previous h1b transfer got denied?
if my petition got denied due speciality occupation is there any possibility that my current employer re-appeal ?
How can your current employer file for H1B transfer?
I think you are confusing H1B extension and H1B transfer.
H1B transfer = is for new employer
H1B extension / Amendment = is for Current Employer
You can apply for H1B transfer irrespective of other extension/amendment pending.
What is your i94 status? Has it expired or is still valid?
The H1B transfer will be affected by pending Amendment if your i94 has expired.
Now, who is this client? Are you trying to file H1B transfer for this client? if yes, then you can tell them that earlier H1B was denied so they have an idea about what mistakes to avoid.
Re-appeal means appealing again.
Has your employer already appealed the denial?
What was the result of appeal?
I have applied h1b transfer from employer A to B and it got denied today (I think it is based on speciality occupation because they applied under computer system analyst title)and also Company B have applied for ammendment which is still pending, Now I got full time with client C can I apply transfer to new Client I.e C??
He did not re-appeal yet .I’m wondering whether we can do it or not if it is due to speciality occupation
my I-94 has a validity up to sept 2019
You are fine with i94. No issues there.
As I already told you, you can apply for any number of H1B transfer in parallel.
I cannot comment on whether the denial can be appealed without looking at whole case and the reasons for denial. Your attorney has all the details and they can tell if the appeal is of any use.
If I can apply h1 transfer to client C then which pay stubs do I need to use as I have recent pay stubs with employer B.But Employer B h1 transfer got denied.
So Can I use the pay stubs from this company or how does it work?
Just ask yourself:
Do you have any recent pay stubs from any other employer than employer B?
For filing H1B applications, you need to show most recent pay stubs and that can only be from employer B.
So, that’s acceptable.
Yes I know it was a silly question, but I just wanted to confirm about that as well
and thanks a lot Anil Gupta for your quick response !!!
You are welcome. All the best for your H1B transfer.
Thank you Anil_Gupta
Hey Anil ,
Do we need the denial hard copy to file for new h1 transfer to new employer ?
No, you do not need it.
New H1B employer will collect their own paperwork to file your H1B sponsorship.
It is a good idea to tell them the reason for your current h1b-transfer petition though to make sure they do not repeat the same mistake.
other question is ,my h1 transfer to employer b got denied and the ammendment is still pending ,do I need to share the ammendment receipt copy to employer c for new h1 b transfer ?
Your amendment has been filed by which employer? I assume it is your current employer A that has filed it.
You should share all the information clearly with new employer C to help them create a good application case for you.
Employer C’s attorney will ask you for documents that they need. You do not need to worry about it.
ammendment was filed by employer b