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What to Do if Your H-1B Transfer is Denied

The denial of an H-1B transfer can be daunting, especially when the move to a new employer seems critical to advancing your career in the U.S. Knowing how to respond and your available options can make a significant difference in maintaining lawful status and planning your next steps.

Understanding the Denial

An H-1B transfer denial can stem from various reasons, including issues with the new employer’s petition, inconsistencies in your documentation, or insufficient supporting evidence. Understanding the specific reason USCIS cited is key, as it helps determine the next steps to take.

Your Options After a Denial

Evaluate the Denial Notice USCIS will provide a detailed notice explaining why your H-1B transfer was denied. Review it carefully with your immigration attorney, focusing on the reasoning provided. This can help address any gaps and decide whether reapplying or appealing is the best path forward.

Consider a Motion to Reopen or Reconsider If you believe USCIS made an error in denying your H-1B transfer, you may file a motion to reopen or reconsider. This approach is useful if you have additional evidence that strengthens your case or can clarify points raised in the denial notice.

Reapply with Strengthened Evidence For those who prefer not to appeal, reapplying with a stronger application can be an alternative. Gather any documentation, such as employment letters, contracts, and evidence of specialized skills, that would improve the chances of approval in a new application.

Return to the Previous Employer (If Possible) If you haven’t yet left your previous employer, consider remaining with them until you find another employer willing to sponsor you. Staying in H-1B status with your current employer keeps you compliant and buys time while seeking new sponsorship options.

Explore Alternative Visa Options If the H-1B transfer denial presents significant challenges, discuss alternative visa categories with an attorney. Options may include the O-1 visa for individuals with extraordinary abilities, or potentially another H-1B application in a future filing window.

Staying Informed for a Successful Transfer

While navigating a denial can be stressful, having a clear understanding of the available paths will help you stay compliant and take action to continue your professional journey in the U.S.

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https://www.articleslist.net/business.asp?c=2&articleid=127854

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