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  #1 (permalink)  
Old 06-10-2009, 01:17 PM
Senior Member
Priority Date
:
Feb-06
Category
:
EB3
I140 Mailed Date
:
03/15/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Join Date: Jul 2006
Posts: 104
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Default H1 Transfer Denied - MTR Unlikely

Hi,

My H1 transfer got denied. My company said they are unlikely to file an MTR. I have a valid EAD and old company H1 (based on 140 approval) valid till Jan 2010.

Can i find other company and file a different H1 transfer based on my old company valid H1?

Please Advice.
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Vikram
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  #2 (permalink)  
Old 06-10-2009, 01:45 PM
Senior Member
Priority Date
:
Before 2000
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
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:
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Join Date: Mar 2007
Posts: 1,569
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Default

Quote:
Originally Posted by vikramy View Post
Hi,

My H1 transfer got denied. My company said they are unlikely to file an MTR. I have a valid EAD and old company H1 (based on 140 approval) valid till Jan 2010.

Can i find other company and file a different H1 transfer based on my old company valid H1?

Please Advice.
Hi Vikram -

Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.

There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.

Good Luck.


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Not a legal advice.
US citizen of Indian origin

Last edited by desi3933; 06-10-2009 at 01:56 PM. Reason: typo
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  #3 (permalink)  
Old 06-10-2009, 03:58 PM
Senior Member
Priority Date
:
Feb-06
Category
:
EB3
I140 Mailed Date
:
03/15/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jul 2006
Posts: 104
vikramy has much to be proud of vikramy has much to be proud of vikramy has much to be proud of vikramy has much to be proud of vikramy has much to be proud of vikramy has much to be proud of vikramy has much to be proud of vikramy has much to be proud of
Default

Good to know i can file a new H1 based on 140 irrespective of who filed 140 and i am in H status or not. This way i don't need to be always tensed about a possible RFE on 485.

Quote:
Originally Posted by desi3933 View Post
Hi Vikram -

Since your H-1B transfer petition is denied, you are not in H1 status anymore. However, I would suggest consider applying for 3 year H1 based on approved I-140 (and PD is not current). It does not matter who applied for that I-140.

There is a chance that USCIS may approve this H1 without I-94. In that case, you need to get new visa stamp and reenter into US to get back into H-1B status.

Good Luck.


_______________________
Not a legal advice.
US citizen of Indian origin
__________________
Vikram
Contributed 350$ till now
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