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.