What options does one have after H1B transfer is denied by USCIS and you have been working on H1B transfer receipt ?
Anyone here started working for a new employer on H1B receipt and received a denial from USCIS later on for the H1B transfer ? What were your options after the denial ? Does is help that your I-94 from the previously approved H1B petition ( by previous employer ) is still valid for a few more months?
Legally you will need to leave the country in 10 days. Only option would be joining your previous employer (holds good only if they haven't revoked your petition)
Can’t join the previous employer back
You'll need to wait in your home country till attorneys file a new petition and get approval.
I’m not a legal expert. If your previous employer has not revoked your H1B, you are still legal to stay and reapply for your transfer.
Previous employer hasn’t revoked H1B yet and I-94 is valid till Jan 2020 ... For how long one stay legally ? Also does appealing / reapply help in being able to continue working ?
Wrong information. As soon as your new employer verified i9, there's no legal status based on your old petition.
With a good lawyer, you can file for a motion to reconsider. Or you can still try going back at your previous employer.
Can I continue working with an appeal filed ?
Motion to reconsider doesn't have legal status.
You will be out of status after 10 days. Which means after that all petitions will be denied if you dont leave. Sorry (
10 days ? Is there a rule documented about this limit ? I’ve been living here for 10+ years with not even a single RFE till date ... I have lease and other matters to resolve before I can move out
None will force you out. You can take care of all those and then go.
And that's why you don't join on receipt, ever.
I had no other choice I was laid off from the previous job
That sucks man, I am very sorry to hear it
Yes man. Sorry. If you are laid off, you'll have 60 days from your last day at previous job.
Which is my point below. If he finds a new job but the transfer fails, I wonder if he can file for another transfer within that 60 day period ...
Yup. Or at least he would have more days to sort out stuffs.
It sounds pretty complicated. Why dont you ask the immigration team? Also, maybe hire a lawyer and do 1-2 hr session to figure out
Sorry to hear this. Hopefully your new employer is willing to fight your visa denial or at least file a fresh one and bring you back onboard. My advice would be spend 200-500 dollars and consult your an independent lawyer regarding how long you can stay etc. Your employer’s lawyer will always give you filtered info. Keep in mind you are not their client.
Please consult with an immigration lawyer
Rejection or denial ? These are two completely different things. Rejection is they considered your application incomplete. Denial is they consider your new job does not qualify for H1B.
Denial ... updated the post