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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Lightbulb H1 B Tranfer Denied, Can It Be Re-Filed

    Hi,
    My husband filed a transfer of H1(valid till Oct 2010) to Company A and it got denied on Sept 21 2009. Legal has not yet disclosed the reject reason. But there was a RFE on the client name during processing. My questions are:

    Can the Company B refile H1 transfer as all documents are legit and now the client project is also stable. If they re-file can my husband continue working for Company A as he was doing in the previous H1 transfer?

    If he cannot work during re-filing then can he stay in US with me on temperory H4 as I have my H1 from a US company. I am a FTE in that company? Also if his refile gets approved he may have to exit US and get his H1 visa stamped to adjust the status. Please confirm.

    Does he have to leave US during refiling if he cannot stay with me?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H1 B Tranfer Denied, Can It Be Re-Filed

    I'm not clear on what happened. Your husband was (and is) working for Company B and put in a transfer to Company A? Why is Company B filing anything if, in your words, your husband "filed a transfer ... to Company A"?

    Or are you stating that he was originally working for Company A, attempted to transfer to Company B, started working for Company B while the transfer was pending, and then the transfer was rejected due to the inadequate response to the RFE.

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