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Nepali Thita
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Posted on 09-19-08 3:31
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My H1B transfer got denied while transferring to Company B from A I have been working with company B since 4 months.
What are the posible options.
Suggestions Appreciated.
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gurkha's
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Posted on 09-19-08 4:00
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Did u ever worked with company A.... I mean did u submitted the paystub from A ...???
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MN_Nepali
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Posted on 09-19-08 4:19
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I dont know if that rule applies before Oct 1st. You might wanna check with some experts. Anyone around?
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Nepali Thita
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Posted on 09-20-08 10:33
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gurkha's..
Yes, I submitted 3 paystube of company A.
Anyone such experience....i do not want antone to be in such..but if you had pls share how you deal with.
NepaliThita
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Pranita79
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Posted on 09-21-08 12:43
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Attorney Murthy :
One who starts work based on filing a new H1B petition, per USCIS / INS policy memos and letter opinions, is allowed to return to work for the earlier employer on the prior H1B petition approval if the earlier employer has not revoked that earlier H1B petition and that earlier employer is still willing to offer the person the earlier job. The other alternative when one has failed to maintain status in the U.S. is for the person to file another H1B with a third employer, but then the individual has to travel abroad and reenter on H1B status with the latest H1B approval notice if the earlier visa stamp has not expired in the PP. In the alternative, one must apply for a new visa stamp from abroad and show the latest H1B approval notice at the port of entry to obtain a new I-94 card showing H1B status with the correct expiration date.
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meek__misfit
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Posted on 09-21-08 1:02
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Nepali Thita,
Please explain about the nature of RFE you received. Your options might have crucial dependency on that.
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Nepali Thita
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Posted on 09-21-08 2:26
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Thanks Pranita79 ...
I will talkwith my lawyer...I have not yet received my REF till now. I have only seen denied message in USCIS online case tracing.
meek__misfit: I will let you know once I get the paper in hand.
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mastercard
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Posted on 09-21-08 3:34
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mine got denied too despite following all the rules and submitting all the required paperworks !!!!! pls help if you have any information
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meek__misfit
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Posted on 09-21-08 4:14
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mastercard, what was your RFE?
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ACHKALTAY
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Posted on 09-21-08 4:49
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Think it depends on your case how company B filed....several things like your position in company A and conpany B...even the salsry amount that u get paid in the both company everything matters...
Best suggestion for u THITA....you talk with the lawyer of company B......we must know the reason before giving you any suggestion on that. there are so many grounds they can reject your H1 transfer.
Best of Luck
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Nepali Thita
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Posted on 09-21-08 5:23
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I dont know what is the reason till now. My lawer will get the details this monday or tuesday and things will be clear.
I will keep on updatng to you guys how things go.
Thanks for all the suggestions.
Nepalithita
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Nepali Thita
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Posted on 09-22-08 8:40
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Anyone who had faced such situation??
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Pack
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Posted on 09-22-08 11:43
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Nepali Thita and mastercard,
Did you guys have the original H1B receipt given by your employer? And did you send a copy of that when you filed H1B transfer?
Actually i also intend to have my H1B status transferred to new company. I don't have the copy of the receipt and i wonder if its possible to do that with reference to receipt number. Please advise
Thanks
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Nepali Thita
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Posted on 09-22-08 12:33
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Yes,
I had already worked for Co A for 4 months before I did the transfer ahd had all the necessary stuffs.
NepaliThita
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Everest2
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Posted on 09-22-08 1:07
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Of course
The H1B original letter should be in your hand (employee's copy). Otherwise, you may have faced trouble in the future too.
Thanks
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Pranita79
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Posted on 09-25-08 12:47
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Nepali Thita
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Posted on 09-25-08 1:14
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I have been waiting for my lawers response of how to move ahead...
Will update you guys as things move ahead.
NepaliThita
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