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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28303
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I have a question related to H1B trnsfer denial : Not yet :

Customer Question

Hi
JA: Hello. What seems to be the problem?
Customer: I have a question related to H1B trnsfer denial
JA: The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Not yet
JA: Please give me a bit more information, so we can help you best.
Customer: I was working for x company with H1B visa.I joined Y company after they filed H1B transfer and gave me case receipt number.While transfer is in progress the old "X" company revoked my H1B.Now the transfer to Y company went into RFE and then denied.
JA: Is there anything else important you think the Immigration Lawyer should know?
Customer: Now Y company says they go for MTR.
JA: What else should I tell the Immigration Lawyer?
Customer: My I-94 is valid upto Sep 2016.But no visa now.I hope iam out of status.What are the options that i have now.The denial notice gave time till June 4th 2016
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: no pending.Its denied
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Submitted: 7 months ago.
Category: Immigration Law
Customer: replied 7 months ago.
When i check the case status online it shows the denial notice was sent on May 5th 2016 and i heard they gave time till June 4th 2016 to respond
Expert:  Judith replied 7 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Well you have 30 days to appeal the denial and remain in the US while waiting for the appeal. Otherwise since "X" withdrew your petition you will need to depart the US.

It is too late after a denial to change status to another status. You can try to find another company to file for you but you still have to go back to home country for new visa stamp to come back to work.

I always warn my client of this risk that the transfer is denied and then you have nothing if you port to the new company before approval. Always best to stay on old job until approval.

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 7 months ago.
Hi Judith.Thanks for the info.
Do i need to depart USA by June 4th 2016 even if MTR is filed or can i stay in USA after June 4th 2016 while the MTR is filed and in progress?
Expert:  Judith replied 7 months ago.

You may remain in the US while the MTR or Appeal is filed but you may not work as of the date of denial.

The MTR/Appeal must be in the hands of USCIS within 30 days of denial. Never advisable to wait to try to get it filed the last day, always 4-5 working days before.

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith