Options if H1b Visa transfer is rejected
New employer wants me to join on receipt. My current H1b is valid till 2020. If my transfer gets rejected, recruiter says they will re-file before 2 weeks and I won't have to leave US. Even otherwise it seems I will not accrue unlawful presence since I-94 is valid till 2020. Internet results seem to concur, but on blind I have seen everyone warning against joining on receipt. Is this still true in my case as well? Apologies if this question was answered before. Current TC: 170k (startup) New TC:240k YoE: 10
If you are rejected .Your visa will be out of status and you have to exit US in 60 days or you have 60 days to find a new job.I won't recommend that.
Always pick the safest path when it comes to visa. Offers will keep coming , you can interview again, but one RFE will turn your life upside down. Not worth the risk
I don’t think your existing I-94 will help if new H1b gets rejected + your current company cancels the current H1b (which they are supposed to when you quit). And hence this administration can put you on deportation proceedings. Ask a good immigration lawyer about this, don’t believe your prospective company
This is what's a little confusing. New policy says H1b is not part of NTA deportation hearing.. https://www.am22tech.com/h1b-extension-denial-deportation-uscis-policy/ Also out of status isn't the same as unlawful presence right?
Don't exaggerate LinkedIn. No they won't put him in deportation proceedings unless he tries to stay. So long as he leaves within a few days of the rejection there will be nothing that will prevent him from applying for a different visa. He will be seen as having complied with the rules.
Why do you think your transfer gets rejected? If the new company files your H1 with all the proper documentation, you will get it. 1. Ask the new employer to get expert opinion letter for your 10 years of experience and how crucial is it, i mean your experience is for the position they are offering 2. Your pay stubs 3. Educational evaluation if you have a degree other than related to IT, CS,( i mean if you are from a different background) Thats all you need.. if you think its a compelling offer Or Ask them if they can wait until you get the actual approval rather than to work on receipt ~ 3-4 months
1. & 2. I think that should be pretty easy to get 3. I have bachelor's and masters in CS
Option is to go back to your country and deal with it from there. H1b is intended to be a temporary visa so you should plan your life that way. So long as you leave in a timely fashion nothing will be held against you if your apply for another one.
So if I go back and my new employer reapplied, will that be cap exempt?
If you have time left on your visa you should be cap exempt.
OP, please check with attorneys ...
+10, you can get a good legit suggestion from external attorneys for < $100.
So does that mean they're essentially saying that a company could indefinitely keep refiling a new H1B for every denial? So a denial would have no real impact in such a scenario. I guess, if that's what they're really saying the fact that such a provision exists seems bizarre. If so, why would anyone worry about a denial? Or did I misunderstand you?
No no you got me right, I had the same doubt. I am trying to consult an independent immigration lawyer too.
Its risky to join on receipt! Ask the company if they would move you to office outside USA in case of a rejection
They have an office in Bangalore, India and are okay relocating me there temporarily.
Refiling is not as simple they made it seem. Per my understanding they need to file a petition that's different from the rejected petition, in terms of your role, responsibilities etc. Please consult with an independent attorney. Also see if your employer can temporary place you in locations outside US as a backup.
Why do this bro? If your h1b is rejected you're fucked. Even if they re file chances of accept are going to be low. What is your plan after that?
But am I fucked even after having I-94 valid till 2020? I mean can I just stay back in US, interview until 2020 if re-file does not work?
Depends if the current startup will hire you back. Don’t join before approval.