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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28187
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Ely, yes H1B transfer and got denied, nope waiting for the

Customer Question

Hi Ely
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: yes H1B transfer and got denied
JA: Have you talked to a lawyer yet?
Customer: nope waiting for the denied notice from USCIS
JA: Anything else you want the lawyer to know before I connect you?
Customer: options to let me know after the denial
Submitted: 27 days ago.
Category: Immigration Law
Expert:  Judith replied 27 days ago.

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Expert:  Judith replied 27 days ago.

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

Your employer can file a Motion to Re-open after receiving the denial notice with the specific reasons for denial.

You cannot file it, it has to come from the employer and they will need to provide the evidence to support why the USCIS made the wrong decision and that the reasons for denial were wrong.

Hopefully you did not port to the new employer and remained with your original employer while waiting for the petition for Employer B to be approved. I always inform my clients of the risk of porting in the event of a denial.

If you have left Employer A and Employer B is unwilling to file the MTR you would need to find a new employer very quickly and file a new petition premium processing. You would have to depart the US for visa stamping because once you have a denied petition and you have been out of status your visa becomes void.

You will need to depart, get new visa stamping and re-enter to get an I-94 to work.

This is all very common and can be fixed but it is a process that takes time and expense, as well as causing stress. I am sorry you are going through it but keep in mind it can be fixed.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith

Expert:  Judith replied 27 days ago.

I see you had a follow-up question that was closed:

My current employer whom I working with can apply for new H1B
If yes, what are the chances of getting approved?
Yes, they can re-file but if you cannot provide the end client information requested in the previous RFE it will not be approved.
What is my current legal status?
You are out of status because you left your Employer A and Employer B petition was denied.
My I94 which is good until 08/17 still valid?
No. However, because it is not expired you do not begin to accrue unlawful presence for 30 days from date of denial of petition by B.
If not the current employer can I file a H1b with different employer
Any new employer can file a petition for you but you will have to depart the US and obtain new visa stamp since you have gone out of status. Your visa becomes void after a petition is denied. If your employer files a MTR then you could have a new employer file premium processing for you and you can depart and re-enter on current unexpired H1B visa if you have one.
What will be documents required for New H1b filing
Copy of your I-94 from Employer A and copy of I-797 for B - denial and receipt for MTR if filed.
Will the current or new employer have to file with denial letter
Yes, but USCIS knows about it anyway it will always be in your file and reviewed by USCIS in all future filings.
Will it be a good idea to go with premium processing or regular filing of new H1b
Premium because you have to depart within 30 days.
If get rejected second time too then can I go back to the first employer where my H1 is still valid and not revoked.
Yes, but since you have been out of status with the denial you have to leave the US and re-enter with a new I-94 for A.

If new H1b filed by current employer and still under processing will there be a chance for me to go back to my first employer and work on my valid h1b
No
If I go back to previous employer and started working will denial have any impact on my extensions or H1 AMENDMENTS?

No but you cannot go back until you depart the US and obtain a new I-94 because you are out of status now.

I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Judith