H1B TRANSFER DENIED BUT STILL IN STATUS via TPS

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I was working for Company A with a valid H1B. I resigned the position on May 2017 and joined a consulting Company B and started working for a client Company C from June 2017. My H1 Transfer was initiated by Company B and I started working for them using the H1B transfer receipt notice. My H1 transfer was recently denied after a RFE response was sent (March 16, 2018). Although the petition is denied, I am still maintaining a valid status via TPS. Can Company C file a new transfer or a new cap exempt H1B application for me? What are my possible options? Last edited: 17-Mar-18 08:40 PM

dhojp981 · Mar 17, 2018 8:39 PM · 14,110 views

5 Replies

you are fucked man

nayapidi · Mar 19, 2018 3:51 PM

I wanted to continue the discussion and possibly help with what I know. But looks like the original thread has been deleted.

StatusPidit · Mar 20, 2018 2:46 AM

@StatusPidit Consulted with an immigration lawyer today and got my queries answered. Any Companies including the current one can file a new h1b petition and the application will not be subject to a cap. Given that I have TPS I am also not out of status and can use EAD to continue working until I get my new h1b. So it's all good. Will probably speak to few more lawyers. Anyways, would love to hear more from what you know. Last edited: 20-Mar-18 02:57 AM Last edited: 20-Mar-18 02:58 AM

dhojp981 · Mar 20, 2018 2:57 AM

@nayapidi, I may have dodged a bullet.

dhojp981 · Mar 20, 2018 3:06 AM

That’s great, bro! I’m happy for you. Did you get H1 before TPS or after TPS? If you were on TPS prior to H1, do you have to go out of the country for consular processing?

statuspidit · Mar 20, 2018 4:26 AM

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