If transfer is denied then with in how many days I have to move out of US?

USA H1B
#1

HI Anil,

I resigned from Employer A and applied transfer my petition to Employer B and status is pending in California service center. Employer A revoked the petition and I94 is expired already.

  1. If suppose Employer B transfer is denied then with in how many days I have to move out of US?

  2. Even I am not in USA, my understanding is that Employer B can re-apply the transfer and I can enter the US after the stamping. Could you confirm this?

  3. If suppose, Employer C file an H1B transfer and it is approved while Employer B’s transfer denied then can I move to Employer C without leaving USA?

#2

H1B transfer denial after i94 expiry

You should leave USA immediately after H1B transfer denial if your i94 has already expired.

There is ZERO grace period but 10-15 days time is considered normal.
You will still have to declare this 10-15 days time as “Unlawful presence” time on all future visa application while filling DS-160 form.

File H1B transfer when you are outside USA

Employer B can File H1B transfer while you are outside USA. You can enter USA again once transfer has been approved.

Employer C H1B transfer after B’s denial

You cannot stay in USA after the denial.

Employer C, D or Z can file H1B transfer while you are outside USA. Wait for approval and then re-enter USA.

#3

HI Anil,
My I-94 is expired,got RFE for Extension and my employer has filed RFE response in premium.
i will come to know the result in a week. i am attedning interview with consultancies…Suppose, my petttion is rejected, is it possible to intiate the Visa transfer in consular processing mode after rejections (out of status) while i am taking time to leave the country ((10-15 days)
many thanks in advance…

#4

Hi @erman

Yes, you can initiate H1B visa transfer in consular processing after your extention denial.

#5

Thanks a Lot Anil.So kind of you for clarinfying us and sharing your expertise