H1b Transfer Denied After RfeIf your status is currently based on petition extension, meaning your I94 has expired, but you are still in US as a result of filing extension, then your new petition with a new employer will be dependent on your extension petition. 5 Options you should know if your H1B Petition is Denied. And then i run into the next problem 标 题: H1b PP Transfer 刚接到 RFE 发信站: BBS 未名空间站 (Wed Sep 5 19:34:15 2018, 美东) 已经看过之前新闻说Transfer的PP 9月11号起也要暂停，我的case. They will use it for proving you are maintaining status. Unlawful presence starts on denial after i94 expiry. This is because you have lost your legal status in the USA and you are now ' out of status '. Read H1B Layoff 60 days rule for Grace period Yes, if you need to get F1, then you need stamping. As a result of the American Competitiveness in the 21st Century Act (AC21), H1B visa holders were given increased portability of their visa status, allowing for H1 transfer. This is the first time in 9 years that this has happened. If employer B’s credentials could not satisfy USCIS even after RFE and with no substantial change in their paperwork, it is not possible to get a favorable decision. H-1B Transfer RFE/ H1-B Denied after responding to RFE --Please Help I have applied for an H1 Transfer and received an RFE. H1B amendment Denied after RFE, what's next ? 04-19-2015, 09:54 AM. Can I switch to employer C using petition approval with expiry date 30-Jun-2008? Do I need to make this switch before denial or after denial? 3. So really no one was expecting a denial. i140 H1B extension or transfer after 6 years. When applying for the H1B transfer (mainly done by the company's retained immigration law firm) I got RFE-ed and denied based on my new job not qualifying as a "Specialized Occupation" (in the denial letter somehow the US gov is convinced that investment banking analysts shouldn't be a job that requires a college degree?!). You should try to transfer before they withdraw. I applied H1B transfer from Employer A to Employer B and got an RFE in Jan 2021 for specialty occupation (Premium processing : RFE was sent in 14 days after receiving). Denials Based on Petitioning Employer's Failure to Meet Requirements. If you think the decision was unjust or wrong, it may seem. mnag April 23, 2021, 12:09am #1. 2)Transferred VISA to Comp B by applying with in 15-20 days after landing into USA and got approved till Feb 2011. H1B Transfer/Extension Denied though Employer B, Filed.Questions and Answers: Appeals and Motions. The most common reason for an employer to receive an RFE in response to an H-1B petition was for failure to “establish that the position . Product based Company Higher H1B approval Rate. H1B Transfer – After i94 Expiry, Bridge Risk (Pending Extension) H1B transfer can start working on receipt with no 240 day limit. My H1 B transfer filed in premium (19th dec) got denied (online status changed 31st Jan 2018) after submitting RFE response(30 jan) (RFE: Speciality occupation). So Employer B is going to refile a new petition. it will be replied on 26-jun-2010. USCIS 10 reasons it issued requests for evidence RFE for H-1B recent USCIS reports showing that RFEs and denial rates are continuing to . I have filed for a H1b transfer and got an RFE on my education evaluation. I just came out of that situation. My H1b transfer to Company A got denied today after we replied to an RFE (Specialty Job). Answer the points in brief, concise sentences but still make it clear. In particular, H-1b, L-1, EB-1, and NIW cases have seen a dramatic increase in RFEs and NOIDs, leading to a higher number of denials than in years past. Past Violations of Immigration Law. Re: Can You Get a H1B Transfer After an RFE on an Extension The new employer's H1B application for the transfer is entirely independent of your current employer's attempt to extent your H1B. Finally, after the RFE documents are sent by the employee or employer, USCIS can finally make a decision. I work for big Indian consulting company for a client which is one of the biggest Bank in World. company with the capacity to hire and pay an H-1B worker. About Rfe Transfer After Denied H1b. RFEs, NOIDs, and even denials have significantly increased in recent years. The deadline that you will have to meet is 33 days of the decision date. When we applied for H1B extension, USCIS issued regular crap RFE asking for complete contractual path agreement H1B Denied After Providing All Dcouments Requested in RFE Over 1M Users on Trackitt. It first went into RFE, and subsequently denied. There is no provision for an H-1B worker to sign on the petition. But your request can still be denied. My employer had already submitted a LCA (but the dates mentioned in the LCA did not match with my I94) and a RFE was generated for. About Denied After H1b Rfe Transfer RFE stands for Request for Evidence and is issued by the USCIS prior to a final decision (approval or denial) of a petition or application. Now my denial says that I have to either appeal/leave US before my I-94 expires (May 29th is my I-94 expiry date. No, you can’t continue working for your new employer after your H1B transfer has been denied. Why Was Your H1B Transfer Denied? There are instances where the H1B visa transfer is denied by USCIS. I am the beneficiary of a visa petition that was denied or revoked. I-140 Denied after answering an RFE on Education Evaluation I-140 RFE regarding education evaluation As the US Embassy requires all our educational certificates to be submitted for H1B processing, will they contact the university and verify for each and every person, whether they have done their education in that university?. A 221(g) request is similar to the RFE, but depending on the consulate, will be given to the beneficiary after the consular interview. This means H1B transfer applicants can pay the additional fee for their transfer application to be expedited and processed within 15 days of submission, provided all information has been submitted. Recently, my friend got into an unfortunate situation where his H1b extension petition was denied. currently, the attorney is preparing for Response. You can do all of these, when you are in status or lose your job, but you cannot do any of that after you get denial. Why I Chose H1B Transfer Premium Processing: How to Do H1B. In an H1B Transfer RFE, further information could be requested of the applicant, beneficiary, or even both. Can I go back to employer A on valid petition approval with expiry date 30-Mar-2010? 2. Agencies Previously, if some information was missing the initial evidence, the application would be rejected – now the agency sends an RFE, a . Lawyer responded to the RFE with all. If my h1b petition gets denied then: a. USCIS Issues Top 10 Reasons for H. I-94 Expiration Dates and Visa Status. Now my question: In case both (company A & prime vendor) got denied Is it possible to apply my h1b through another Prime vendor of my client. How Long Does H1b Transfer Premium Processing Take. 2%, up nearly 6% from the same quarter in FY 2018. My H1b transfer just received RFE, not sure of the reason but I am freaking out. My visa transfer got rejected today after an RFE for speciality occupation. Do companies generally contest the denial? Or try applying again as a new H1b transfer request? More details: I haven’t left the old company so in that sense I am safe. H1B Denial, RFE Rates High for IT Consulting Than Direct.H1B Transfer Denial Top Reasons. If you file an H1B extension or transfer now requesting an extension of your stay in the US, it will be rejected as you filed it on the day when your status was "Out of status". H1b Transfer Denied After Rfe This has also led to a significant reduction in H1B RFE approval. You must not travel outside of the U. A Brief History of the H1B Transfer RFE In an H1B Transfer RFE, further information could be requested of the applicant, beneficiary, or even both. is that, if you're already in H1B status within the U. H1B transfer to new employer : Got an RFE asking for more evidence to that my engg degree is relevant to the H1 application (analytics role). It is the responsibility of the petitioner (the employer) to respond to the RFE. Your employer doesn’t want to wait for months. H1B extension denied after RFE. , you can start to work for the new employer while its petition is pending. So many applications are received that if you think … Continue reading "How to Appeal a Denial of an H1B Visa Petition". You had an approved Form I-140 that USCIS later revoked; . We responded to the RFE and used the extra 60 days provided under COVID circumstances. If h1 is denied even after rfe response, you can at least 3. H1b Rfe Transfer After Denied. Search: H1b Amendment After Rfe. Since Trump took office, it increased steadily, reaching 24 percent FY 2018 and 30 percent by FY 2020. But I’ve seen petitions rejected straight off the bat when received by USCIS. Latest USCIS Data Show RFE and Denial Rates. While this may be a common response, an H-1B transfer RFE (Request for Evidence) is merely a request on behalf of the USCIS for additional proof before an H-1B approval or denial. I have an approved H1 and I94 (stamped visa) with “Employer A” until May 2021. I have already started working for this company and is crucial for me to get this issue resolved. Further information may be requested from the applicant, beneficiary, or both in an H1B Transfer RFE. -Left my former company on 8/10/2018 and started a new job in another consulting firm on 8/13/2018 (started working only after the receipt from USCIS was received) -H1B transfer received RFE and then was DENIED on 11/6 and the lawyer received the mail denial notice on 11/16, former company has submitted revoke. His employer had placed him at a third party client site for the project. In the event USCIS take longer than 15 days, they are required. I got the letter today and the reason for denial is that the LCA was not submitted with the original application. Also got another full-time offer- Employer C filled H1b transfer in premium on May 17th (I gave them receipt notice from Employer B also), even it got RFE on May 29th. Besides, there is a filing fee of $675. To tell you the truth, you shouldn’t resign unless your H1B transfer petition is approved. Common Reasons for Denial of an H. We are not in a position to know if the RFE has something to do with you or your status, or if it relates to your employer's operations and qualifications. But I have provided badge/ID and email interactions with client C during RFE stage. Three months ago, I changed jobs and applied for a H1B transfer with “Employer B”, who requested I94 untill 2022. Q: I-94 valid but h1B Transfer (i-129) denied today- how long can I stay in the US? My h1 b was approved in Oct 2017 while working for Employer A. Furthermore, it is not rare that receiving these notices lead to a higher number of denials comparing to the previous years. In case h1b gets denied after we respond to RFE and my change of status to student visa gets approved then I will study for a semester or 2 and try getting a new …. Here are some common USCIS reasons for an H1B transfer denial:. They will file a general transfer. I have completed the Masters from US university which has lost the accredition and have 3 years Bachelors in IT and 3 years ADSE diploma. H1B transfer denial appeal Appealing a H1B denial is possible but the chances of approval are very low. If your new petition is denied after you've ported to your new employer, . THIS is what to do if your H1B transfer is denied. I suspect it is due to the Role change. H1B transfer denied after RFE Was supposed to join FB as a senior engg. This will help in future if your Transfer gets rejected/denied and you want to go back to Employer A. If your employer is unable or unwilling to pay this wage, then you will get your H-1B transfer denied. nfap policy brief » january 2021. Wage level 2, Computer Science background with 8+ year of experience. It is unclear whether company B is working with an attorney who helped prepare the petition, and the response to the RFE. Once approved, you will receive a new i797 notice of approval. H1B approvals after RFE in 2018 - 2019 Is it Safe to Join on H1B Transfer Receipt?. What's important is that you understand an RFE document is not a symbol of denial. When individuals receive an H-1B transfer RFE in the mail, their first reaction is often to panic. Hopefully my h1b gets approved, but wanted to know what my options are in case my h1b visa petition gets denied. H1b transfer denied after RFE Denial reason employee-employer relationship on Jan 28th 2014. If you continue working, you run the risk of being found “ out of status “. If your transfer petition is denied, you cannot work with Employer B. An H-1B visa or status is often denied or refused because the petitioner—that is, the employer sponsoring the H-1B visa—does not appear to be a real, established, operating U. An RFE means an additional request or requirement for evidence. If your H1B petition has got rejected and you are looking for options available for you then there are seven major options available which will help you to remain in USA legally. H1B transfer denied after RFE Juniper / Eng Etcbtc Mar 15, 2018 Was supposed to join FB as a senior engg. Is a MTR valid only on new H1B applications in cap gap or even for H1 transfers that get . An H-1B petition beneficiary (the employee) cannot directly respond to an RFE. What is H1B Transfer? An H-1B visa . However, you cannot start the new employment without first satisfying the labor and immigration requirements through H. Even so, USCIS will always provide an explanation to why the request had received that decision. Basically, an appeal is a review of the original decision and supporting documentation, and you have the right to question the original decision. It is especially noticeable when it comes to H-1b, L-1, EB-1, and NIW cases. RFE rates remain nearly double those of FY 2015. Many applicants are facing the H1B transfer visa denial by the USCIS. There is no reason to be alarmed as the RFE is what we call a "stall" RFE where it seems the USCIS is trying to kick the can down the road regarding the premium processing 15 day clock. RFE stands for Request for Evidence and is issued by the USCIS prior to a final decision (approval or denial) of a petition or application. Those petitions have encountered a dramatic increase in RFEs and NOIDs. The concept of a H1B transfer is a misnomer, as each prospective new employer is actually filing independently for a H1B visa. Company A applied for h1b extension on 29-apr-2010 (Normal process) Prime vendor applied for H1b transfer on 30-apr-2010 (premium process) got RFE on may-13-2010. You Lack Specialized Knowledge · 3. No, you can't continue working for your new employer after your H1B transfer has been denied. The RFE does not mean that your H1B transfer is denied, but it means that USCIS needs more documents to make a decision. Because while uncommon, you can get your H1B transfer denied. Options to consider after H1B petition denied. Moved to Company B in February 2005 3. H1B status changes to 'Unlawful Presence' after denial You are currently in 'Unlawful presence' status as your H1B extension has been denied and your i94 is not valid either. But unless it’s premium processing, a normal transfer takes time. H1B transfer, RFE, Denial and Options. You can start working for your new employer as soon as your petition is filed with the USCIS (your receipt number is proof of this). We should be able to respond very quickly and get an approval. · Once USCIS approves your change of status petition, you may travel internationally. Firm reapplied using the different SOC code and job desc - was approved without an RFE the second time. I left Employer A in July 2018 & started working on Receipt after an RFE I saw today my i-129 was denied, which will be send in mail in 15 days. H1B Visa Transfer 2012 – RFE – Extension of Stay Denied – Stamping Successful Last Updated : November 17, 2013 | by Guest Author | 109 Comments One of our readers shared their unique experience related to H1B Visa extension. • Working on the different types of RFE's i. At this point, there is roughly a 30% chance that an . The chances of H1B extension approval after RFE reduces to 60%. This FAQ is targeted to RFE’s sent in response to the filing of an H-1B petition, an increasingly common feature in 2019-2020 under the Trump Administration and plateauing in 2021 under the Biden. The H-1B rule allows employees to accept a job offer from another employer in the United States during their stay. This is because your wages must not be detrimental to the wages and working conditions of other workers in your area. Insufficient Proof of Employer/ . Requests for Evidence (RFE), Notices of Intent to Deny (NOID), and denials have all increased across the board. how long can I stay in the US?. My H1B extension was denied after an RFE. Once your transfer is denied, you can remain in the U. USCIS might send you a Request for Evidence (RFE). Is H1B petition denial after getting an RFE considered as Visa refusal? Since I did not go for any visa interviews or anything. 0 Content-Type: multipart/related ZT H1b transfer denied after rfe H1b transfer denied after rfe 1593590758268 1593590758268. Employers like Google, Apple and Microsoft offering H1B jobs to foreign workers have extremely good chances of H1B approval at 99%. The rfe was for specialty occupation. Possibility of going out of status after H1B transfer denial. And clients don’t want to wait for months. The H1B visa transfer may be denied by USCIS. If in case My H1b got Denied after sending the RFE response, Can I hook the vendor to my Old employer and continue with him as usual Scenario 2: if Company B starts running my payroll and submit the RFE and after the rfe response if I get denied Can I switch back again. Maintaining F1 student visa status • International students in the USA arrive with a F1 visa status. A Request for Evidence (RFE) is not a denial of your application. Every applicant or petitioner should review their H-1B denial decision with a trusted attorney to determine whether an appeal or a motion should . The RFE will not mean that your visa is denied. However this petition got denied after an RFE for not being able to prove the work duration. After the expiration of the six year period (the tenure), he or she must . If the H1B transfer petition is denied, the H1B nonimmigrant worker may be left out of status. If h1 is denied even after rfe response, you can at least continue . After this you can reapply and use premium processing to expedite the process. USCIS site says they are still reviewing it, but DHS site shows they denied my transfer on the 12th. During the H-1B Transfer process, further information could be needed from the employer, employee, or even both. Ask if they can not withdraw, but inform USCIS that employee is no longer employed, so H1B may stay active. The odds of approval after an RFE were 67. Filing new H1B amendment / Extension after One H1B amendment is denied is ALLOWED. Just wanted to see why is USCIS rejecting H1b transfer. There could be a Request for Evidence (RFE) before the actual denial. If the company is working with an . What are my options if H1B transfer is denied? 1. If your H1B transfer is denied, you no longer have a valid H1B status to be lawfully employed. H1 transfer denied after RFE 07-02-2015, 04:18 PM. It does not mean that the denial of your application is inevitable; only that USCIS needs or wants more . H1b transfer denied after RFE. An H-1B visa transfer is a process of changing from one employer to another while still on current H-1B status. 3)after working for 10months in Comp B applied for transfer to Comp C 4)after getting receipt started working with Comp C 5)on Jan 21,2009 acc to USCIS site RFE was issued 6)on Apr 10,2009 Visa denied. H1B transfer rejected after rfe. H1B transfer rejected after rfe Microsoft PHJq47 Mar 14, 2018 What are my options? I don’t yet know the reason for the rejection. If your current H1B from Employer A is still valid, you can keep working . What’s important is that you understand an RFE document is not a symbol of denial. – H1b picked up from lottery in 2017, got rfe and then withdrew the application (Employer thought it might get denied so better to withdraw) – H1b picked up from lottery in 2018, got rfe, approved and H1b duration from October 3, 2018 to August 17, 2019. Can I take a 2 week break between my H1B transfer (after the H1B transfer has been approved)?. H1B Visa Transfer 2012 - RFE - Extension of Stay Denied - Stamping Successful Last Updated : November 17, 2013 | by Guest Author | 109 Comments One of our readers shared their unique experience related to H1B Visa extension. Go back to old employer if H1B valid. When an RFE is issued, it is sent directly to the petitioner, not the employee. At this point, there is roughly a 30% chance that an applicant will receive an RFE document after applying for an H1B Transfer. Once the RFE documents are submitted by the employer or employee, USCIS will make a decision to approve or deny it. H1B transfer thru employer B - received RFE - 11-Aug-2008 and USCIS requested additional evidence by 25-Sep-2008. After filing Visa, I got RFE asking updated Manager's. On June 24, 2021, USCIS announced that it will continue its flexibility policy and grant applicants who have received a request for evidence, . But if your H1B transfer is denied, you must stop working for your new employer as soon as you receive the notification of denial. The H1B transfer may be denied. Is there premium processing for H1B Transfer? Can we withdraw H-1B petition after RFE? How long does it take USCIS to make a decision after RFE . Transfer your h1b application with any other employer with in 10 days. This form is sent by your employer in order to open the case for an RFE. Edit: He had his H1 rejected after an RFE. It means the USCIS needs more documents from you to make their decision. RFE stands for Request for Evidence. There are instances where the H1B visa transfer is denied by USCIS. Receiving the denial notice issued by USCIS means that you are given the opportunity to file a motion to reconsider or reopen, or you can appeal the decision (Form I-290B). It’s important to understand that an RFE document does not represent denial. Hi, My H1 amendment got denied yesterday because my employer failed to prove Employer employer relationship. Hello all, My H1b extension was denied after responding to the RFE for "specialty occupation" of April 21, 2021. The USCIS will send you a request for the Evidence (RFE). If your petition for a new H1B visa (or transfer) has been denied there are specific steps that you can take to appeal. H1B Visa Transfer Request for Evidence (RFE). I started working for new employer few weeks ago while my h1b was pending, so I finally got my 1st RFE on h1b transfer. Friends, Please help me with this: I was working on a H1 cap exempt visa before from company A. The difference between their doing so when you're out of the U. ) Now my consulting firm says there are less chances that my amendment approves after appeal. Just wondering if anyone has received a denial notice after RFE. Chances of denial of H1B transfer are very high as USCIS requested additional evidence of company B financials, all W-2 forms for last year, B's latest tax return, contract with the end client, related itinerary, photos of. 7 Reasons Your H1B Transfer was Denied · 1. If you need to extend or transfer your H1B petition, or even make a new one, you should know that an I-129 form will be required by the USCIS. Should an RFE be issued, the 15 days will start again on receipt of the RFE response. It indicates that the adjudicator has insufficient evidence to decide the . How long does h1b transfer take premium processing? The processing time of a H1B visa transfer takes 1 to 4 months to process under a regular procedure and 15 to 30 days for premium processing. The chances of an applicant receiving an RFE document after applying for an H1B Transfer are roughly 30% at this point. In your case, a transfer won;t be possible to A or to any other employer if you join B and if their petition ends up getting denied later. Hi, I have had 7 h1b visa transfers without getting an RFE. If you got your H1B through a consultant, the chances of your RFE getting rejected could be higher as USCIS has become very . 2% in the first quarter of FY 2020, down nearly 13% from the same period in FY 2019, but comparable to the RFE rate in the first quarter of FY 2018. Can my new employer file for a transfer when my current H1B. H1 Extension Denied after 6 years and I-140 Approved! Hi All, This is sad day of my life. Neither the lawyers, nor anyone at HyperScience. If the H1B is denied, USCIS will give a reason for this. Apply H1B Extension or Transfer You can apply for another H1B extension or H1B transfer to another employee but you cannot start working until it is approved. File New H1B Transfer After Denial You cannot file another H1B extension, or transfer, or change of status to some other visa category as you are currently "Out …. Anyone had an H1B extension denied? Mine was denied after RFE. So it is not advisable to join B until their petition gets approved. If Employer B h1b transfer is denied:- 1) Will, that affects employer C h1b transfer?. Also, H1B RFE rates have had a boost in recent years too, since the presidential administration is now monitoring H1B petitions. There might be another step before the denial. If employer B's credentials could not satisfy USCIS even after RFE and with no substantial change in their paperwork, it is not possible to get a favorable decision. That's a real low rate of approval. H1b transfer denied after rfe H1b transfer denied after rfe. Is there premium processing for H1B Transfer? The H1B visa transfer process can be sped up through premium processing; an extra fee of $1,225 for premium processing will expedite the USCIS decision to within 15 days of filing. If H1 extension gets denied (due to Jan,8th memo) and after H1Extn denial, is it valid to do H1 transfer to ai am working in a client location A, for which my H1B petition is approved and valid untill April 2018. In this scenario, the transfer application would be dependent on the extension being approved. If you received a request for evidence (RFE) for a pending petition, you should include the RFE response with the premium processing request. I got new opportunity and joined new employer B just on the receipt number. Dell 1133 1135n - Free ebook download as PDF File (. Transfer Denied i-94 Still Valid If you started working for a new employer on receipt, you are still out of status and the period of authorized stay ends after denial. I also hold Executive MBA in Information Systems from foreign university. Does premium processing result in denial? Receiving an RFE while using a premium service will automatically prolong the process further than the 15 day period. It was denied because USCIS was not satisfied with the project details attached by his employer. Now USCIS has denied my H1B transfer petition - "Unable to set up employer - employee relationship" My questions: 1. H1B transfer was filed on 16th November (in PP) and RFE was received on 11/30 due to client letter. H1B Transfer Denied after RFE Response. My employer says there is a high chance of H1B extension to get denied. So what then? The transfer could be denied. H1B RFE & Rejection Rates Increase USCIS is issuing more H1B RFEs than ever asking for proof of " Specialty Occupation " as per the latest data shared on Feb 22, 2019. When individuals receive an R H-1B transfer RFE in the mail, their first reaction is often to panic. My employer and associated law firm responded with client letter (dated 12/6/2016) and other associated documents on 19th December and USCIS denied my transfer application on 12/29 stating that client letter is dated as of 12/6/2016 which is. I was working for employer A on H1B valid till Sep 2017. Did you already resign ? Otherwise stay with your current employer until rfe is approved. What happens when H1B amendment is denied? Is H1B amendment mandatory? Can we withdraw H1B amendment after RFE? Can I work while H1B amendment is pending? Can I transfer H1B during amendment in progress? Mogu li putovati kada je moja izmjena H1B u toku? How long does it take for H1B amendment approval? Is H1B amendment premium processing Open?. If H1-B Transfer denied from company A to company B you have to leave the country ASAP , If the time frame is less than 60 days of the transfer you can transfer H1-b with company as continuity of Stay if not you can initiate H1-b transfer from company C in worst case scenario it will approve in consular process with out I-94 then you have to leave the country and get H1-B visa stamped on passport. We strongly recommend to wait for H1B transfer approval and NOT join consulting company on receipt to avoid status issues later after denial or RFE. Usually, there is a good chance that an applicant will receive an RFE document after an H-1B transfer application. However, there might be a step before the denial. - H1b picked up from lottery in 2017, got rfe and then withdrew the application (Employer thought it might get denied so better to withdraw) - H1b picked up from lottery in 2018, got rfe, approved and H1b duration from October 3, 2018 to August 17, 2019. What happens if my H-1B is rejected, withdrawn, or denied after applying for the Cap-Gap Extension?. Can I Continue Working after H-1B Transfer Denial? Unfortunately, you cannot continue working for the new employer once the transfer petition . I am working with new employer on receipt notice. Previously, if some information was missing the initial evidence, the application would be rejected – now the agency sends an RFE, a far more . H1B extension denied after RFE for LCA. If You move to Employer B based on H1B transfer petition’s receipt number (with result still pending) and Employer A revokes your H1B, you will be OUT-OF-STATUS as soon as the. Came to US on Company A in September 2004 2. Once you start working for B, you cannot go back to A without A having to file a transfer again. The earliest date that you are allowed to start work is the day that USCIS receives the I-129 H-1B Transfer petition. USCIS issued RFE on it and employer B submitted RFE response. Ten of the top 25 employers of new H-1B visa holders had denial occupation after the agency denied an H-1B petition for a Quality . Answer (1 of 3): It’s probable but I haven’t seen petitions get rejected after being selected in the lottery. Hi, My H1B extension got denied on Apr 20, 2010. If the extension of stay is denied , at that point you start accruing unlawful presence. Apr 2006 - Oct 20159 years 7 months. H1B transfer is a new petition to change your H1B employer. My H1 extension has been denied today, 11/23/2011 while I have I-140 approved on 4/23/2011.