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Posted on 08 Sep 2009
Q.

H1 B transfer denied

Got H1 approved from Comp A (I-94 expires on 2011). Applied for Transfer to Comp B on Oct 1,2008. Got denial after 10 months on 22nd July,2009. Filed MTR on Aug 2nd and another H1B transfer from Company C on Sept 2nd, 2009 along with approval notice from Comp A and receipt notice from Company B. Question:
1. Am I in unauthorized period of stay ? or the MTR allow me to stay in US till its pending ?
2. If, the MTR is denied the unauthorized stay will start from 22nd July or the day MTR is denied ?
3. Is the H1 transfer application to Company C is correct ? Am I allowed to apply for transfer ? If not, then will this application be consider as new H1 application and I can get approval without I-94 ?
4. Should I apply separately for a fresh new H1 ?
5. Can I work with C ?
Thanks,
RAI

User's Location: NJ, New Jersey, United States of America
Category: H1B Visa (Work Visa)
Posted on 09 Sep 2009
A.
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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