What are the reasons for H1B transfer denial?

7 Reasons Your H1B Transfer was Denied

1. Petitioner’s Requirements.
2. You Lack Specialized Knowledge.
3. Insufficient Proof of Employer/Employee Relationship.
4. Fees Not Paid or Insufficient.
5. Employer Unable to Pay Prevailing Wage.
6. Prior Violations of Immigration Law.
7. Improper Delivery.

What happens if H1B transfer gets rejected?

If your application is accepted, you will transfer from your old H1B to your new one. If your application is denied, your old H1B is still valid as long as your employer/employee relationship is not broken.

Can h1 be revoked after approval?

When employers begin the process of revoking an H1B visa, they must put in a written request to USCIS to withdraw the petition. Once this request is received, the process is fairly instantaneous and USCIS will automatically revoke your status.

Can LCA be denied?

LCA Denial If your H-1B LCA is denied, the DOL will provide you with the reasons for the denial in the notice. It is not likely that an LCA denial can be appealed or motioned, but this obstacle can be overcome by fixing these problems and refiling before the H-1B filing window in April.

Can LCA be rejected?

The employer will obtain a certified LCA for the new location in WI, and should seriously consider filing an amended H1B petition as well. A properly filed LCA is almost never denied…

Can H1B transfer be withdrawn?

The law requires an employer to withdraw an H-1B petition when the employment relationship ends. To accomplish the withdrawal, the employer must merely send a letter to the USCIS Service Center that issued the H-1B approval notice, note that the employee was terminated, and ask that USCIS withdraw the petition.

Why would an LCA be denied?

Failure to comply with the 180-day and 30-day timing deadlines noted above can result in a Labor Cert denial. Missing one or more of the recruitment or advertising methods, or even failing to properly document such recruitment or advertising, can also end in a denial.

Can H-1B be denied without RFE?

The new policy memo from 2018 states that USCIS adjudicator has full discretion to deny a petition without issuing RFE/ NOID for a petition. USCIS adjudicator can deny any new petition filed, when initial required evidence/documents for the petition/ case are missing or does not establish eligibility.

What happens if LCA is rejected?

When there is a denial of the LCA application, the DOL provides details about their reasons for the petition denial. There are no appeals or motions for denied applications, but employers can file a new LCA if there is enough time before the H-1B filing deadline of the relevant fiscal year.

Can a H1B transfer be denied if LCA is approved?

The LCA is adjudicated by 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 Denial Grace Period?

Why was my H-1B transfer denied by USCIS?

There are numerous contributing factors for getting your H-1B transfer denied by the United States Citizenship and Immigration Services (USCIS). Some of the common reasons for denials that affect both the petitioner (employer) and the beneficiary (employee) are as follows: 1. The Petitioner’s (U.S. Employer) Requirements

Can an employer file an LCA for multiple H-1B employees?

It is important to note that an employer can file one LCA for multiple H-1B employees as long as they are all going to be working in the same position (such as filing one LCA for five software engineers). If your H-1B LCA is denied, the DOL will provide you with the reasons for the denial in the notice.

When to file a new LCA for an H-1B renewal?

Your employer will need to file a new LCA at the time of your H-1B renewal. Essentially, every time a new I-129 is filed (e.g. for transfers and renewals), a new LCA must be filed. So, when you are nearing the end of your first initial 3 years on H-1B status, make sure that your employer files an LCA.