Hi sajha ppl,
                      I need some suggestion or some help from you guys..I  graduated my MIS and start working on EAD and which later changed to H1b as well,got H1b stamped everything was going so smooth,been 2 yrs working at same company so moved to other company and transfer H1b but my H1b transfer got denied have to go back to Nepal,went to Nepal,stay there for 7mth now I came back here in USA but in H4 visa,doing job search but this visa is like deadlock visa no one wants to sponser for H4 ,So do you guys know any consultancy of sth which could help me.BTW my background was UI developer.Else I have no option than to stay home or ghanta hanne or join again school....Seems my struggle gonna never end :(

khoi,no one to help me?

First of all, You have very wrong concept about "H1b Transfer". There is no such thing called H1b Transfer. When you apply for new company in H1b then you are actually applying for new H1b.The only difference is you don't have to wait for CAP quota. Your previous H1b will be still valid even if your transferring H1b got denied. So I didn't understand why you needed to go back to Nepal.
Anyway, your best option at this time is join the school and work in CPT. Then apply for H1b next year while you are still under CPT

 sajhamitra: Are you sure that the previous h1b will be valid even if h1b transfer is rejected. My h1 will start on october and around that time i am thinking of transferring my h1. With ktmlady's situation I am getting quite nervous?

mancini, I am pretty much sure. As long as your previous employer holds your H1b there shouldn't be any problem. If your previous employer had fired you or you got laid off and you are trying a new company with H1b transfer which got denied then no one is holding your H1b. In that case you will be out of status.

In fact, You can have multiple H1bs at the same time if you work for multiple employer at the same time.

I suggest sajha members to google it before you make any decisions. There are tons of people who have been through your situations.
For example here is one example
http://immigrationvoice.org/forum/forum108-analysis-discussion/1127153-what-happens-when-h1b-transfer-gets-denied.html


macini, your case is different. You are NOT in h1b status right now. Your official H1b status will start on October 1st only. In your case if your new company wants to file new H1b before October 1st there should be enough quota available(which is already over).

So my best suggestion for you is ask your new employer to wait till october 1st and file the new LCA after that(AKA h1b transfer). In that way your new company won't need to have quota available.


I know this is very confusing and it took me few years to understand this whole mess.