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

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?

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.

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…

Hi @erman

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

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