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My H1B transfer has denied for Company ... what are the

My H1B transfer has...

My H1B transfer has denied for Company B... what are the options I have now ?

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

*was been denied today

Lawyer's Assistant: Have you talked to a lawyer about the H-1B visa?

My attorney shared the news and said my H1B transfer got denied ?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just want know what options I may have

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Answered in 3 minutes by:
3/19/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,415
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

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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Customer reply replied 4 months ago
Hi Guillermo
My H1B transfer got denied to today, I would like to know if they can re-petition my transfer, find a new employer and grace period I have from today to find a new employer

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.

Did you have the presence of mind to tell B that you would NOT go to work for them until the transfer was approved and you stayed with A? Or did you do what most people do and immediately go to work for B thus risking your status? Would A take you back immediately?

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Customer reply replied 4 months ago
I was aware of the risk and mitigation from company B, now I may need to check with my Co A if they haven't withdrawn my H1B ....but how many days grace period I have find a new employer in case Co A is not ready to take me inn ....Do I have some more options ?

Well, they aren't really good ones. Since you were 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.

I wish I had better news for you, but the options are limited. You may want to check to see if A would take you back immediately. That is another option.

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.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,415
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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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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