Discussion Topics, Thursday, 20 June 2019:
FAQ: Impact on current H-1B if another H-1B is denied ||H-1B joining another employer while a transfer, extension or amendment is pending|| When does one become H-1B cap exempt - change of status/visa stamp? ||What to do when past immigration problems are causing a current visa denial? || Downgrading from EB-2 to EB-3 || Can priority dates be transferred between husband and wife? || Applying for green card while on student (F-1) visa.
Other: Transferring EB priority dates || I-485 delay || EB-5 travel || B-2 visa extension || Consequences of H-1B extension denial || EB-1C eligibility || Multiple H-1B transfers simultaneously || Travel on AC21 Advance Parole, etc.
Situation:
Resigned company A already and Got offer from employer B and applied H1B transfer(premium processing) but received RFE. But I have another offer from Employer C as well who is yet to file my h1b transfer
Question:<br>
1. If RFE is denied for employer B Can i join employer C with the receipt notice as Employer C has started H1B transfer by that time ?<br>
2. How long one can stay in US without job/payroll having H1B ?
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.
I am already on a cap-exempt H-1B working for a non-profit full time. Another employer filed my H-1B petition on the cap-subject quota on april 2018 and got an RFE april 2019 and was denied with a reason for maintaining of status. They asked my paystubs from my current employer. My questions are:
1. will there be any impact to my current H-1B?
2. If they only ask for paystubs, can I submit them and initiate motion to reopen the case? what are the possibilities of success.
FAQ Transcript
1. No, not if you are maintaining status.
2. If the case was denied just for maintenance of status and you have the pay stubs that are required then there is a very high likelihood the case will be reopened. If the petition is denied, then you are still subject to the H-1B quota. More...
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.
Q1. If I change my employer while my H-1B COS is filed but not yet approved, then can I keep using my OPT and STEM with my new employer, or I will lose both OPT & H-1B, and will be out of status?
Q2. If my H-1B COS is denied, then can I keep using my OPT and STEM, or I will lose both OPT & H-1B, and will be out of status?
Q3. How often does it happen that H-1B COS, transfer, and renewal get denied? And what could be possible reasons for denial?
1. You can double check with your DSO about the technical issues involved.
2. You have to go back to your DSO and tell them you would like to continue on OPT STEM.
3. All the time.
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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.