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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109346
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My h1b transfer is denied ?? what are my next steps ??? yes

Customer Question

hello My h1b transfer is denied ?? what are my next steps ???
JA: Okay, I'll connect you to the lawyer to go over that information with you. Before I do, is there anything else you want him or her to know?
Customer: yes my h1b transfer with a new employer was filed on nov 6, 2015 and my initial visa was valid till jun 30th 2017 ( looks like this is being revoked). Almost 1 year we waited and nothing happend and since my passport expired on feb 12,2016, got a new passport however my I-94 was valid till feb 12,2016. Keeping this in mind and the 240 days rule, we applied for Premium processing on 09/19/2016, we got a RFE on 10/03/2016 and we replied on 11/03/2016 -- today i find my status as denied -- kindly let me know if we can appeal this issue ??
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Customer: replied 10 months ago.
I am fine what you would suggest for me, shall i switch to the cutomize legal documents in minutes with guidance from the lawyer or wait for u
Customer: replied 10 months ago.
i do not know the reason why this is being denied, need to wait for the documents
Customer: replied 10 months ago.
i am waiting for you !!
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Yes, I am here. I will be right with you. I thank you for your patience.

Customer: replied 10 months ago.
no problem -- let me know if you need details
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Sorry for the delay. I assume that like most others in this situation, you immediately went to work for the new employer instead of playing it safe and remaining with the old employer until the transfer was approved? And like almost always happens, the old employer gets upset and withdraws their original H-1B?

Customer: replied 10 months ago.
nope i tried to insist the new employer to do PP, however he did not and i did take a risk, my old employer does this for anybody who leaves to claim 100% tolerance zone
Customer: replied 10 months ago.
that anways gonna happen, yes i did take a huge risk, however what is my next course of action -- please suggest
my h1b denial was on speciality occupation and inhouse project and i feel my company reported well on this
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Ok. I will let you know what your next action should be. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

For now, you have to wait until you get the denial letter. You will review why it was denied and you will have 30 days or perhaps 33 days from the date of the denial to file an I-290B to appeal or reconsider the decision. Here is a link to that:

https://www.uscis.gov/i-290b

You are allowed to stay in the U.S. while you are waiting for the results of the appeal, but if it is denied, your unlawful presence begins from the date of the original denial and if you accrue 180 days to 364 days of unlawful presence, you are banned from the U.S. for 3 years unless you get a very hard to get waiver. If you accrue one year or more of unlawful presence, it is a 10 year bar.

So yes, as to the only question that you asked, yes, you can appeal the issue. You will have a chance to do that and that is your next step after you receive and review the denial letter.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 10 months ago.
do not worry thats my bad luck and nothing to do with rating for yours
you have been good, however i will follow-up with you based on my denial letter and then plan accordingly
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Ok. No problem. Just so that you are aware, your question sessions does not finish or end when you leave a positive rating. All you do is come back and ask your follow-up questions on the same thread and it can be tomorrow, next week, next month or next year. It doesn't matter. It never closes.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Thank you for your kindness and respect. Good luck to you.