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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10898
Experience:  Write FOR JAMES to get my help!
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Applied h1 transfer in march 2015 and got it denied on

Customer Question

Applied for my h1 transfer in march 2015 and got it denied on November 2015 after rfe response. I left US on day 16 after denial. New employer who is willing to sponsor h1 for me is asking for the denial notice. But my previous employer is not willing to share it. I have only the receipt notice of the denied petition. How important is the copy of the denial notice while filing new petition ? Is there a chance to get RFE asking for copy of denial notice ?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Expert James replied 11 months ago.

Hello! Thank you for using Just Answer. My name is***** will be assisting you. Please view this as a casual conversation. We will chat back and forth until I have all of the necessary information I need to give you a thorough answer.

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ANSWER: The denial notice is not important at all. It has nothing to do with the processing of a subsequent petition filed by a new employer.

So while I cannot guarantee that the chances are zero, they are very, very small. The USCIS has all of the information about previous requests somewhere in their system.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

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Customer: replied 11 months ago.
Is there any legal reasons for the employer to not share the denial notice ? I heard we could get the copy from USCIS, how long does it take ? If I could get from USCIS, what could be the reason for employer to not share the denial notice.
Expert:  Expert James replied 11 months ago.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: Legal reasons? I don't know anything about the case or the employer. But the employer does not have to share it with you, because it is the employer's petition. You can ask for a copy of it yourself, from the USCIS, but that will cost you a fee.

I also would have no idea why the employer doesn't want to share it with you. I haven't talked to the employer. But that is the employer's choice.

As far as how long getting another approval notice will take, it takes 3 to 6 months.

I know this can be confusing. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

I hope I have answered your questions. Kindly rate my customer service with a positive rating so I get credit for doing my job. This is very important. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can keep asking questions even after you have given a rating.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 11 months ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

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