When H1B transfer gets rejected

Veritas / Eng
JmpingShip

Go to company page Veritas Eng

PRE
Symantec, HERE
JmpingShip
Sep 22, 2018 9 Comments

If H1B transfer gets rejected, attorney said they'll refile the petition.

Will it be a new petition for H1B or something else? Are there any prerequisites to refile the petition?

Pretty sure I don't have to go through lottery again.

Thank you!

Edit: My scenario: Join the company on the receipt and my transfer gets denied after x days (x > 60). My I94 is still valid but I'll be out of status as I will not be on payroll with any employer.

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TOP 9 Comments
  • Citadel Securities / Eng
    wagecuck2

    Go to company page Citadel Securities Eng

    PRE
    Google
    wagecuck2
    Yes, they'll file a new I-129 petition. The prerequisite is that at the time of filing, you're still in status (e.g., still working for the previous employer on H-1B). If you've gone out of status (previous I-94 expired or you left previous employer over 60 days ago) then they can still file but you will have to leave the US and get a new visa stamp for re-entry at some point before you can start working for the new employer.
    Sep 22, 2018 1
    • Veritas / Eng
      JmpingShip

      Go to company page Veritas Eng

      PRE
      Symantec, HERE
      JmpingShip
      OP
      Got it, this is what I was looking for. I'm ok with leaving the country as long as I know there is a possibility to enter again if my petition gets approved (which I believe should happen).
      Sep 22, 2018
  • Microsoft / Eng
    BadNews

    Go to company page Microsoft Eng

    BadNews
    I’ve heard of several people whose transfers have been rejected over the past year. They had to leave the country no matter how many times their company filed the transfer again and again.
    Sep 22, 2018 4
  • eBay
    qRML67

    Go to company page eBay

    qRML67
    Which means they will do all the process again. It's not lottery
    Sep 22, 2018 1