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Gator
02-23-2011, 10:02 PM
Hi-

I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.

Thanks

Robert Kumar
02-24-2011, 04:18 AM
Hi-

I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.

Thanks

Good Q. What happens in this case.
Also what happens if existing visa expired 4 months back, and current H1 B-renewal is pending for 6 months now. PP is an option, but what happens if the current H1B in processing gets denied. Will there be an RFE before denial.
Anybody waiting for 6 months for h1B approval.
Thank You,
Bobby.

mk26
02-24-2011, 09:18 AM
I am also looking for answer on this..Anyone please??

Robert Kumar
02-24-2011, 06:04 PM
I am also looking for answer on this..Anyone please??

Any inputs pls.

LostInGCProcess
02-24-2011, 06:33 PM
Hi-

I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.

Thanks

If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.

If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.

However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.

Chao

HRPRO
02-25-2011, 11:39 AM
I am also looking for answer on this..Anyone please??

The moment your H-1 is rejected and you dont have another underlying petition, you are technically out of status. You could apply for another H, but with a Consular Processing request. In other words you will be asked to leave the country and get a stamping before you start work again.

And not to affect your long term stay in the country, it is better to leave the country immediately.

snathan
02-25-2011, 11:58 AM
They normally will give time to pack up. Last month one of my friend's colleague got rejected (I also knew her) and they give her 10 days to pack up. She is working for HP and she moved back to India.

Even if you want to try transfer, you can do but you will have to go out of the country and get stamping and come back. Since you are not in status they wont extend the I-94 rather they will approve the extension.

Robert Kumar
02-25-2011, 01:04 PM
The moment your H-1 is rejected and you dont have another underlying petition, you are technically out of status. You could apply for another H, but with a Consular Processing request. In other words you will be asked to leave the country and get a stamping before you start work again.

And not to affect your long term stay in the country, it is better to leave the country immediately.

One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
What does this mean.

HRPRO
02-25-2011, 01:15 PM
One of my friends case was pending for more than 6 months with USCIS for H1B renewal, masters, and working at a client place. The employer checked with USCIS and they give a message " that the case needs further investigation".
What does this mean.

Robert

It means that they are either not satisfied that the job meets the speciality occupation criteria or the credentials of the employee/employer/any of the document s provided. They will conduct an investigation and your friend will hear from them upon completion of thier investigation.

HRPRO

vegasbaby
02-25-2011, 02:27 PM
Hi-

I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.

Thanks


Yes you can! Did it myself. There is nothing as an H-1B transfer. Does it say anywhere your H-1B xfer has been approved on your H-1B receipt?? Its always a new H-1B. Only benefit you get is, you will be exempt from the quota forever.

dhenuva123
02-25-2011, 03:38 PM
My case is also pending ...from the last 5 and half months.....I applied on sept 1st 2010 ...the case is still in "Initial Review".........

Robert Kumar
02-25-2011, 11:06 PM
Robert

It means that they are either not satisfied that the job meets the speciality occupation criteria or the credentials of the employee/employer/any of the document s provided. They will conduct an investigation and your friend will hear from them upon completion of thier investigation.

HRPRO

What happens if premium processing is done at this stage.

Robert Kumar
02-26-2011, 12:31 PM
What happens if premium processing is done at this stage.

Will premium be allowed in the 1st place, through:
1. Same company.
2. Different company.