H1B Transfer Denied need response in Urgent basis

USA H1B Visa
1

Hi Everyone,

I need your help on urgent basis as I think i am out of status now.

on 11/30 my H1B transfer got denied. I checked in USCIS website. My earlier employer has revoked my previous H1B.

I do not have any plans for any appeal or any other H1 filing. I am ready to leave US.

All I want to know that
1] How many days can I stay legally in US after 11/30
2] How many days can I work legally in US after 11/30.
3] Is there any way I can appeal on my case and success ration on this.

I am despirately looking for the correct answer.

  • Rajesh
2

First of all dont be panic.

1] How many days can I stay legally in US after 11/30

Law never had any official number on the number of days to legally stay once denied. But if you can leave the earliest possible within a week or 10 days, you would have a logical reason for that time. If you go beyond, you may need to explain why you did you take that long in illegal status, later.

2] How many days can I work legally in US after 11/30.

ZERO.3] Is there any way I can appeal on my case and success ration on this.

Yes, you can appeal if the denial is not due to a provable fraud.

Your previous employer revocation is not the reason for the denial .

Other options could be, you can file another H1 petition IMMEDIATELY under Premium (worst case by the same employer) . Lets say today or tomorrow. That would have better chances of getting that petition approved, while you are setting yourself to leave the country.

Again dont be panic… as you have already set yourself to leave the country.

3

Hi,

Thank you so much for your quick response.

I have few questions on this.
I had word with my employer they were saying we will appeal on your case so my question now

  1. Can I wait for the decision without leaving country?
  2. How much chances I have to get success on this?

Thanks

4
  1. Can I wait for the decision without leaving country?
    Yes, you can live and work in US while your petition is pending due to appeal with AAO
  2. How much chances I have to get success on this?
    Depends upon the reason for denial and your level of defense for that.
5

Hi,

Thanks for the response
I came to India , Now I am planning to change employer. My question is

  1. Can I transfer My H1B with any other employer as I have valid I129.
  2. I Got stamped for 3 years so my Visa is still valid? My first employer revoked my Visa and second employer got denial notice on H1B Transfer.
  3. Or do I need to file fresh H1B again?
    Please advice

Thanks

6

Hi Rajesh,

Were you able to get h1b transfer with other employer in India? Or did fresh h1b filing ?