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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1  
Old 03-31-2011, 10:22 AM
s2s1 s2s1 is offline
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Default H1B>> RFE>>H1B Denial>>Appeal

I was with Company A till 28th Sep 2010 and my I-94 Expired on 8th Oct 2010. I applied for my H1B Transafer to Company B on 28th Sep 2010. i got RFE in Jan
2011 asking for Employee-Employer relationship. My Employer replied to that RFE including Client Letter.

In any case if my H1B is denied, then i will Appeal for it.
I want to know, if my H1B is denied, Then After i Appeal, Can i again Transfer My H1B to some other Company C and still stay in USA.

I am confused because my H1B visa is still stamped with the name of Company A, But i am with company B since 28th sep 2010 (but this Transfer is not done
yet). and my H1B as well as I-94 expired 6 months back.

Please tell me, Can i again Transfer My H1B to some other Company C, After i Appeal.
Your help will be Highly Appreciated.
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  #2  
Old 03-31-2011, 11:27 AM
dealguy007 dealguy007 is offline
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Sorry to hear about your situation, As far as i know you can only transfer to C if your B is approved or pending but not denied. You cannot transfer from A to C as you have 6 months gap between these two.
I would try fixing B's denial issue before i contact C or D.
Contact a Immigration lawyer before you take any steps.

All the best.
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Old 03-31-2011, 11:41 AM
willIWill willIWill is offline
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You cannot Appeal the H1 Denial. The H1 petition is not yours but your company's petition, you are just the beneficiary. You cannot even do an MTR by yourself. Your company should do that.

So when a denial comes in, you need to approach your company to do an MTR, appeal and so on..

Quote:
Originally Posted by s2s1 View Post
I was with Company A till 28th Sep 2010 and my I-94 Expired on 8th Oct 2010. I applied for my H1B Transafer to Company B on 28th Sep 2010. i got RFE in Jan
2011 asking for Employee-Employer relationship. My Employer replied to that RFE including Client Letter.

In any case if my H1B is denied, then i will Appeal for it.
I want to know, if my H1B is denied, Then After i Appeal, Can i again Transfer My H1B to some other Company C and still stay in USA.

I am confused because my H1B visa is still stamped with the name of Company A, But i am with company B since 28th sep 2010 (but this Transfer is not done
yet). and my H1B as well as I-94 expired 6 months back.

Please tell me, Can i again Transfer My H1B to some other Company C, After i Appeal.
Your help will be Highly Appreciated.
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  #4  
Old 04-03-2011, 06:05 PM
Mayday Mayday is offline
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Quote:
Originally Posted by s2s1 View Post
I am confused because my H1B visa is still stamped with the name of Company A, But i am with company B since 28th sep 2010 (but this Transfer is not done
yet). and my H1B as well as I-94 expired 6 months back.
It does not matter what the stamp in your passport is - it is only for the border patrol to let you in. Since you are in the USA your valid status document is I-94 and currently your status is only valid because of your I-129 processing; when denied you will have to leave the country.

However you can get job offers from the other companies while you are still in the USA and have them applied for your H-1B as new petitions; referencing your I-129 from company A so you are not cap-counted and this will be same fast as H-1B transfer but without pay stubs needed. You then can leave country and come back on new H-1B.
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