California Service Center H1b Extension First Denied and Again Applied After Approved
Updated on April 27, 2022
You lot might be living the American dream on your H1B visa but take found a new, better employer that is offer y'all an opportunity you tin't resist. You've already established you lot can do an H1B transfer and change jobs, but possibly y'all are wondering what the chances are of your H1B transfer being denied? Or perchance y'all've already received your denial, and now you're wondering what to do next. Perhaps nosotros can help.
Departure Between an H1B Denial and an H1B Rejection
Before nosotros go into the possible reasons why your H1B transfer was denied, information technology is vital to understand the departure between rejection and denial.
When you lot submit your application to the Usa Citizenship and Immigration Services (USCIS), a USCIS officer reviews your paperwork to make sure everything is there. They check that you supplied all the information and documents required and have paid the necessary fees. If anything is missing, your application is rejected.
After this, the USCIS officer evaluates your case to run across whether you and your employer meet the requirements for the H1B transfer. This is done through the documents and information y'all've provided. If y'all don't meet the requirements, your application will be denied.
With a rejection, the error is merely technical and tin can usually be corrected. One time corrected, you tin can refile your application. If your case is denied, however, the officeholder doesn't believe your instance merits the H1B transfer. You will demand to follow other routes to work around a denial. An clearing attorney would be best to advise you on what you can exercise in instance of a denial.
But why would your H1B transfer be denied?
seven Reasons Your H1B Transfer was Denied
Once you've gone through the H1B transfer procedure, there are many reasons why your H1B transfer tin can be denied. Let'south accept a look at the most common reasons which relate to both you lot as an employee and your new H1B visa sponsor.
1. Petitioner's Requirements
Your new employer is the petitioner in an H1B transfer. The petitioner has to bear witness it is an established entity that is actively operating in the U.S. It also has to show it has the power to hire, pay and provide sufficient specialty occupation work to you as an employee. There is a long list of documents your new employer can submit to show this, including a property lease and photographs of the office. If the petitioner does non provide sufficient prove, your H1B transfer will be denied.
2. You Lack Specialized Knowledge
One of the essential requirements for H1B approving is showing the position is a specialty occupation that requires yous to have specialized noesis or at to the lowest degree a available's degree. You take to show yous take specialized knowledge which is straight related to the task. In that location is, again, a long list of documents yous can provide to testify specialized knowledge. Your resume and experience messages from previous employers will aid with this. If you can't prove specialized knowledge, you will have your H1B transfer denied.
iii. Insufficient Proof of Employer/Employee Relationship
To avert an H1B transfer denial, you lot also demand to show there is a valid employer/employee human relationship between you and your new employer. The petitioner has to testify yous will be managed and controlled by them. If y'all can't bear witness proof of this (which is often the example where you might be subcontracted to another visitor), they will have your H1B transfer denied.
4. Fees Non Paid or Insufficient
This is quite self-explanatory. You need to pay the required filing fees for your H1B transfer to be approved. Make certain you take the nearly recent updated filing fees for an H1B transfer on hand as these go updated from fourth dimension to time.
5. Employer Unable to Pay Prevailing Wage
To authorize for an H1B transfer, your employer must pay yous the prevailing wage. The prevailing wage is the "average wage paid to similarly employed workers in a specific occupation in the area of intended employment". If your employer can't or isn't willing to pay the prevailing wage, your H1B transfer will be denied.
half-dozen. Prior Violations of Clearing Law
If you or your new employer has violated immigration laws at any phase, you lot could also see your H1B transfer denied.
Violations of clearing police force include a state of affairs where you were out of status, y'all didn't maintain the requisite H1B qualifications for your electric current H1B visa, or yous've committed a offense while in the U.S.
7. Improper Delivery
This is simply where you ship your application and payments to the incorrect USCIS service middle or where you use an un-bonded delivery service. Yous accept to file through one of the official methods. Delivering by mitt is, for example, not acceptable. Make sure you use the officially bonded delivery services, which include UPS, FedEx, or USPS.
What to Practice if Your H1B Transfer is Denied
What you do afterward you have your H1B transfer denied depends on why your case was denied. You might exist able to file a different I-129 or set any mistakes in your previous application or include whatsoever documents that were plant defective.
Your denial letter may incorporate a statement that makes appealing your H1B transfer denial difficult. Only you might be able to file a legal motion for information technology to be reopened or reconsidered. Speak to a qualified clearing chaser if this is the case.
Check out Stilt'south new H1B database to find an H1B sponsor in your profession or city!
H1B Transfer Denial FAQ
You might still take a few questions relating to your H1B transfer denial. We reply some of the most frequently asked ones below.
Can I Go along Working after H1B Transfer Denial?
No, you tin can't continue working for your new employer later your H1B transfer has been denied.
You can start working for your new employer as soon equally your petition is filed with the USCIS (your receipt number is proof of this). You can too work for your new employer the whole time while your awarding is processing until a last conclusion is made. If your awarding for H1B transfer is canonical, y'all can go on with your job. But if your H1B transfer is denied, yous must stop working for your new employer equally soon equally you receive the notification of denial.
If your H1B transfer is denied, y'all no longer accept a valid H1B status to exist lawfully employed. If you go along working, you run the risk of being establish "out of status".
Can You Get Your H1B Transfer Denied Afterwards LCA Approval?
Just because your Labor Certification Awarding (LCA) is canonical does not mean your H1B transfer will be approved equally well. The i is not contingent on the other. The LCA is adjudicated past the Department of Labor while your H1B transfer is adjudicated by the USCIS. Your H1B transfer can still be denied if your LCA is approved.
Is there an H1B Deprival Grace Period?
If your H1B transfer is denied, you will have a grace period to observe alternative employment or transfer to another visa status. Once your transfer is denied, you tin can remain in the U.S. until the departure engagement listed on your I-94 arrival/departure card.
If your employment is terminated before your validity period of your H1B is over, at that place is as well a sixty-day grace period. You can look for new employment in this period our change your condition to a new visa. If cipher else works, you lot have until the terminate of your grace period to go out the U.Southward.
Read More
- 6 Ways to Find an H1B Visa Sponsorship
- How to Change Jobs on an H1B Visa
- The Non-ECR Category: A Guide
- H1B Visa Stamping: H1B Visa Interview Documents and More
- Consummate Guide to the H1B to Light-green Card Procedure
- What Are My Options for Change of Status Visa Stamping If I Am Already in America?
- Guide to the H2B Visa
- H1B Transfer: How To Change Jobs on an H1B Visa
Determination
Having your H1B transfer denied doesn't accept to be the end of the road. Keep all the well-nigh common mistakes in mind and try and avoid them when applying. If you lot've already received an H1B denial, consider seeing an immigration chaser to help you fix your mistakes or reopen your case. Don't' let your H1B transfer denial stand in your manner of greater heights and new exciting opportunities.
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Source: https://www.stilt.com/blog/2020/05/h1b-transfer-denied/
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