Transfer

H-1B Visa Denied and Petition Sent for Revocation

Question details

I went to the US in May 2014 on H1-B working for Employer A. In Feb 2016, I moved to work for Employer B (small US based company, on other offices) with H1-B transfer receipt.
The new job was remote work, so I started working from home for Employer B. I received RFE in April 2016 and I went to India the same month. While I was in India, the transfer got approved in June 2016 and I came back to the US with the approval notice as proof. My visa was getting expired in Sep 2016, so extension was filed with Employer B. The extension also got approved after RFE and extended till Sep 2019. <br>
Current Situation:<br>
Now, I came to India in Jan 2017 for my marriage. I went for visa stamping in Delhi with my wife (for H4) in Feb 2017. The visa officer asked me about my Role, client, and other common questions which I answered correctly. VO then collected my documents (I-129, client letter etc) and handed me 221(g) letter saying that he needs some time to review the documents. We left the embassy and the wait started.
In March 2017, I received an email from embassy asking for the latest LCA which I promptly provided.
After that there was no response for a few months, and I started working from India in US hours. Since my employer is a small company, they did not hire any attorney and did the processing themselves. They also did not seem to put any effort to expedite or help the process.
In July 2017 (after 5 months), I received a call to collect the passport. On collecting the passport, the stamping was not done and I received a letter stating that my stamping is being refused and visa is sent to consulate for revocation.
This came as a shock. I notified my employer, they were disappointed and did not know what can be done about this case. When I enquired, they said they don't want to spend more resources on this case and are fine with me continue working from India (reduced salary).
<br>1. Is it possible to have the case reconsidered and to know the exact reason for refusal? If yes, how would I go about it without the support of my employer?<br>
2. If this is only for stamping, how long will my extended visa be valid? Can I try the stamping again with this employer or find a new employer from India and use the same visa with them?<br>
3. What happens to my assets (personal stuff, bank accounts, etc) in US?<br>
4. If I can legally work for the same employer, how does it affect my taxes? Do I now pay taxes in India and in US both? Since when I can be considered liable to pay tax in India (when I came to India or stamping refusal date etc)?

Watch Video on this  FAQ: What are the options of an H-1B visa denied and a petition sent for revocation?

Video Transcript

1. Not until a notice of intent to revoke is sent.

2. This case is going back to USCIS. 

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Travel while H-1 extension pending – change in I-94 number

Question details

I had applied for H-1B extension on May 15, 2015 with I-94 card expiring on Aug 29,2015. Due to some emergency, I traveled to India in June and returned in July with new I-94 card expiring on Nov 2015. Now, it's been 6 months that I applied for extension, no response from USCIS. Will there be any problem since I filed my H-1B extension with old I-94. Do we need to amend my case with new I-94 card?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

Simultaneous filing of H-1 amendment and extension

Question details

Below are questions I have on the H-1B Amendment and H-1B transfer being filed almost at the same time with little gap with USCIS for the same person. The H-1B Amendment is in light of the new H-1B regulation that has been mandated by USCIS when there is a significant change in the Job Location of the beneficiary from the address mentioned in the initial Petition from the employer which was approved initially.<p>
1. Does the USCIS Last action rule apply in case of the below 2 being applied almost at the same time for the same beneficiary?<br>
a) H-1B Amendment with Current Employer<br>
b) H-1B Transfer to New employer while H1B Amendment is pending with Current Employer.<br>
2. If the answer for the above is 'Yes', then incase the H-1B Amendment Approval comes after the H-1B Transfer would the H-1B transfer to the new employer that was approved earlier be automatically nullified?<br>
3. If the answer for #2 above is 'Yes' Is there any way to request USCIS to consider the H-1B Transfer approval to new employer as the primary incase that get approved earlier and avoid the H-1B amendment to dictate the latest H-1B for a given employer? (I believe we can request USCIS to withdraw/cancel the Amendment but is this something that the new employer/employee can do or only the existing employer who was filed for H-1B amendment has the authority to request any cancellation/withdrawal of the H-1B amendment?)<br>
4. Also does the current suspension of H-1B premium processing apply even for the H-1B transfers (with a new extension for 3 Years) or is it only for new H-1B extensions of Petitions from the current employer?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/PreNUXXW9KU

H-1B visa transfer before arrival into the USA

Question details

This is regarding the H-1B transfer from India before working for Employer.

I have the H-1B visa stamped with employer A, but now I want to transfer the H-1B to Employer B. I have not yet entered the USA and I have not started working for employer A.

Can I transfer the H-1B visa to new Employer B, and what are the mandatory documents that are required?

Also, I wanted to know if the pay slips are mandatorily required for H-1B Transfer as I don't have any. Looking for more details about pay slip requirements.

If I can transfer my H-1B to Employer B, then should I travel to the USA and then start the process or should I do it from India?

 

Video URL
FAQ Transcript

Yes, you can transfer your H-1B visa from employer A to employer B even if you have the visa stamped with employer A and haven't entered the US. Pay stubs are not mandatory for this transfer, and you can travel on the old visa stamp with the new employer's H-1B approval. However, it's advisable to consult with H-1B lawyers before traveling. Ensure you obtain the H-1B approval from the new employer before entering the U.S.

 

How soon can I file for an H-1B transfer after joining, and do I need the employer's permission?

Question details

Q1. After the H-1B COS is approved, how long will I need to work with my current employer before I can file H-1B transfer?
Q2. Do I need permission from my current employer for H-1B transfer?
 

Video URL
FAQ Transcript

1. There is no law that requires you to wait a certain number of days before you can apply for a transfer.

2. You can change employers without the first employer's permission. There is absolutely no issue.

 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Can I use an approved, but never used, H-1B petition to transfer to a different company?

Question details

I have had an approved H-1B petition since 2010 but never used it. Can I reuse that petition and obtain an H-1B transfer to a different company? The old company who has filed H-B petition has not withdrawn it.

Video URL
FAQ Transcript

The problem I see is that the approval is too old. A never-used H-1B approval obtained more than six years ago may not be viable. But, you can have it researched further. I suggest you look into something called the” remainder option.” Although, it is probably not applicable to you, but your lawyers should make sure of that.  Normally, the remainder option is available for people who were employed for a while in the USA on H-1B. These folks, if they go outside the United States for one year after the H-1B employment, can get the time remaining on their H-1B without regard to when it was approved.

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

H-1 Transfer

Question details

I have an H-1B Approval Notice that is valid until next year.I have been working with my present employer for two years, but have found a position with a different company. Can my H-1B approval be transferred to this new company?

It is possible to apply for an H-1 transfer with USCIS, provided the H-1 holder is maintaining legal status and fulfills all the requirements.

Guestbook Entry for Navin , United States

Name
Navin
Country
United States
State
Florida
Comment

I would like to thank Mr.Rajiv and his team (especially Anna Baker and Fran Fischer) for getting my H1B transfer with extension. It may sound simple but both my I-94 and Visa were expired for more than 240 days and my extension with the previous employer was pending with USCIS for almost 9 months. We were really impressed with the way the case was prepared and presented to the USCIS. Anna Baker and Fran Fisher was very supportive during the entire process and answering even the simplest of questions promptly. I was surprised one evening when Anna called me at 7:30 PM to discuss about the case. That shows the level of professionalism by LORK's team. I would recommend LORK for all immigration needs.

Navin