H1B transfer denied!

USA H1B Visa
1

Hi,

H1B transfer denied after RFE on company’s documents

I’m in H1B, was planning to join Employer B. I was applied through premium processing. We started the process in Jan 2018. I got RFE on Company’s documents (am not sure what type of documents).

So, they sent all required documents Feb 2018 end.

Latest, I saw there was a change in status updated as ‘Denied’ on Mar 13.
Though, I’m waiting to hear about the denial reason.

What should be my next move? - Still working with current H1B employer

  • Luckily through all this process, my current H1B with employer A is still active.
    So, am not ‘out of status’.

    Am still working with Emp A.

    Fortunately, people advised me to join only after hearing the decision from USCIS. Not on receipt.

  • Although, my online I-94 or current I-797 expires 07/2019. But, my employer A did H1B amendment last year and said my I-94 valid only till 05/2018?(does I-94 dates changes during H1B amendment?)

  • Now, my Employer A is planning to apply for Extension (or amendment).

My questions are
I’m really terrified about my Emp A extension process, because of hearing lots of rejection and scrutiny in the process.

Apply another H1B transfer in premium?

Within May 2018. If I find a new employer who can do the H1B transfer. Should they apply in premium?

Can i appeal my H1B transfer denial?

Can I appeal my denial reason(assuming very less chance)?

After knowing the denial reason, will it work to appeal? is there any success experience you know on this

Can Emp B file new H1B (i129)?

Maybe if Emp B wants to apply for a new I-129 petition. is that works?

Please guide me with your answer.
Am bit confused with my H1B denied?

2

Hi @Venkat

I am sorry to hear about your H1B transfer denial. I wish you get through your extension easily.

New i94 comes with H1B Amendment approval - Attached to i797

Your most recent i-94 should have come with your H1B amendment (if filed).
i-94 is attached to the i797 notice of approval and is updated online too automatically.

You should ask your employer for the amendment approval (i797) copy and you can see the i-94 there too.

H1B extension after H1B transfer denial

H1B extensions are a bit tough these days specially after USCIS’s Feb 22, 2018 H1B policy change.

But, if all the paper work is done correctly, you should be okay with extension.

New Employer H1B Transfer after one H1B transfer denial

Yes, you can file new H1B transfer with new employer even after one H1B transfer denial.
Always file H1B transfer with PREMIUM processing.

Never join the new employer without the USCIS final approval.
You did the correct thing to not join employer B based on receipt number. It is very risky.

USCIS can even move back the approval H1B transfer to RFE. This is a true story.

H1B transfer denial appeal

Appealing a H1B denial is possible but the chances of approval are very low.

If employer B’s credentials could not satisfy USCIS even after RFE and with no substantial change in their paperwork, it is not possible to get a favorable decision.

You would be wasting your money and resources unless the denial reason is something that employer understands and can FIX it.

I would strongly advise you to look for another employer preferably a direct client opportunity.

You can check the names of all H1B employers (who hire H1B worker) here.

File new H1B quota application with Emp B

Yes, Employer B can file a new H1B (I-129) in the new H1B season but that does not make any major difference.

Since, you are already in US and already have an approved H1B, you do not need to go through the H1B season cap processing again.

Anyways, the H1B transfer is just a term that we use in daily routine.
Technically, whenever you file H1B transfer, it is actually a new H1B application itself.

Everything that your employer A had done for your first H1B has to be done again by employer B.

The only difference is that H1B transfer is not counted under the H1B CAP restricted season quota. You can apply it anytime during the year.

Let me know if you need more information. Happy to help.

3

Hi @Anil_Gupta,

Thanks for your comprehensive answer.

H1B transfer for direct client was denied

Yes, I’ve started the process of applying for an extension.

My only worry is my current employer is a third-party consultant who supplies staff to the client.
That is the major reason for which I applied for the transfer. Though it was for a direct client, the Visa got denied.

Waiting for H1B trasnfer denial reason

Still, waiting for the denial reason. Emp B saying that they are waiting for denial reason, then think about next steps.
Does the denial reason come only by post? Or they send a copy to the attorney in an email?

These are all the alternatives that I’ve planned for

  1. Searching a good job offer with a better client(direct). Through them, I’m going to apply for Visa transfer.

  2. After knowing the denial reason, either Emp B may try to appeal/fix that(very less chance).

    Or applying the same client(Emp B) through other employers(3rd party consultants), because for the same employer(Emp B) other application are got through recently.

  3. If none of the above works, planning to start doing MS. Although it was originally in my plan.
    a. If my H1B extension got denied, will I be able to continue to do M.S?
    b. Should I need to change my visa to F?

Please share your suggestions, which is very thoughtful and helps me to understand the situation.

4

USCIS sends H1B denial reason letter by postal mail

Yes, the denial reason will be mentioned in the USCIS official postal mail.

Do M.S. after H1B extension denial

Yes, you can do M.S. even after H1b extension denial.

Do I need to change visa status to F?

You need a valid visa and status to remain in US.
If your H1B expires and extension is denied, then, yes you will need F visa to study.

5

Hi @Anil_Gupta,

A lot of things happened after my H1B denial. I wanted to update you those information.

H1B denial due to Computer System Analyst title - Not a specialty occupation

Reason for my denial: They have applied me for the role ‘Computer System Analyst’. According to USCIS, the applied role is not a specialty occupation.

Same employer was approved for Computer Analyst Title last year

However, last year the same company has H1B approved for the same role. That employer didn’t share much information about the denial and they were not ready to appeal or submit a new petition.

So, I was started looking for new opportunities and got many offers.

Filed new H1B Transfer with Senior Software Engineer title - Approved

Last month, my new employer filed H1B tranfer under premium process and I got it as ‘approved’ on the 14th day of premium processing.

I’m glad that I got approval for next 3 years. They have applied me in the role ‘Senior Software Engineer’.

I realize that USCIS regulating their process of H1B transfer or extension. But still, these measures affecting people with proper special knowledge and papers.

I’m always grateful to your answers and following your forum which is very helpful to understand all the issues.

Thanks,
Venkatesh

6

Hi @Venkat

Wow… that’s awesome news. Congratulations.
I am happy for you.

Thanks for coming back and sharing the details with us. It would certainly help others.

Let me know if you need more information.

Do share truvisa.com with others who may need help :slight_smile:

7

A post was split to a new topic: H1B emp A closed business, working on H1B receipt with Emp B - What if H1B denied?

8

Good to hear.
Did you go through consular processing in India?