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I have a question regarding my H1B Visa transfer. So I have…

I have a question regarding...
I have a question regarding my H1B Visa transfer. So I have done a H1B transfer from Employer A to Employer B in November 06 2016. I have got RFE and Employer responded for the RFE and I got 1 more RFE on Specialty occupation and response is sent to USCIS, the case is still pending with USCIS and decision yet to be made.
So what do i need to do if the H1B gets rejected ? And Can I take another transfer to Employer C while the current application is pending with USCIS using my initial approved H1 with employer A?
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Answered in 1 minute by:
3/7/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,855
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

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.

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Sorry for the delay. I just ask that if the news is not good 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.

You mean November 6, 2017?

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Customer reply replied 5 months ago
No, Nov 6, 2016 is when the Initial transfer happened and the application is pending with USCIS after 2 RFE's. I have started working with Employer B on receiving the receipt number. The application is done no done on premium processing.
Customer reply replied 5 months ago
The Application is not done on premium processing.

Maybe you or your employer want to upgrade to Premium Processing. Everyone is having the same types of issues. It looks like the new administration is seriously trying to free up more jobs for U.S. workers, so they are being very strict on the H-1B. If you are denied, you have two choices, maybe 3:

1) You can file an I-290B within 30 days of denial to appeal or motion to reconsider/reopen, but keep in mind that while you can stay in the U.S. and possibly work (up to 240 days from the expiration of your I-94), if you are denied the I-290B, your unlawful presence will start from the date of your original denial of the I-129. If you reach 180 days of unlawful presence, you activate the 3 year bar that you cannot come back to the U.S. for 3 years unless you get a very hard to get waiver. It is 10 years if you reach 1 year of unlawful presence or more. The faster you leave the U.S., the easier it will be for you to prove to a visa officer in the future that your overstay was brief, reasonable and would not happen again.

2) You can leave the U.S. quickly (within 10 days or so) and apply for a new H-1B from outside of the U.S.

3) If your I-94 has not expired, you can make use of the 60 day DISCRETIONARY grace period to change status or find a new employer to file a new H-1B for you or even have the same employer file a new H-1B for you.

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.

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Customer reply replied 5 months ago
Hi Guillermo,
I am attaching my Initially approved H1 from Employer A and the 2 RFE's I have got from the Employer B. Please review these documents and see what would be the best option for me. My other question in the initial request is that, I am being offered with few other opportunities from different employers(Employer C). As my application is pending with USCIS and it has been more than a year I have stopped working with employer A. Can I still file a new H1B transfer to employer C while the H1B transfer with USCIS is pending from Employer B. Note: I have been working with employed B since H1B transfer as I can work with the receipt number.Thanks alot for the Response.
Pratap Raju.

Reviewing documents is an additional fee. I can look over them briefly if you like for no additional fee, but I doubt your options will be any different.

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Has your I-94 expired?

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Customer reply replied 5 months ago
My I-94 in the Initial approved H1B from Employer A is till 09/14/2019. I did not go out of US after My initial H1 approval. Can you let me know If I can initiate a transfer with a new employer now. Please let me know If I am going too detail on these questions. What would be the additional pay.Thanks,
Pratap Raju.

Yes, you can initiate a transfer to a new employer because your current I-94 has not expired. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,855
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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