H1b transfer during I290B in progress- what are the chance of getting without counselor processing?

Question

H1b transfer during I290B in progress- what are the chance of getting without counselor processing?

Anonymous Jun 5, 2014 3 views 2 answers

Hi, Request you to clarify my situation to understand what should be done from my end My I129 application got denied due to my education and Work experience with Employer A My Employer A filed B2 visa on the same day of denial on the USCIS website My employer A filed MTR on 31st day of denial I approached Employer B to transfer my H1b based on my previous petition(revoked) for the same client and I started working on the day of the receipt number received I have a new employer C who is willing to sponsor new H1 transfer on PP with their direct client what are the chances of approval from Employer C? I have my Visa stamping and I 94 valid till 2015 from the employer who revoked the petition after joining with Employer A. Do I Just have to travel back with the petition or attend interview?

Jagbir Terkiana · Accepted Answer · 2026-06-15T11:30:17+00:00

I-94 unlikely because you are not in status. B-2 was not timely filed. Law states under such circumstances where you are out of status, you should seek new visa stamp when attempting to re-enter. As a practical matter, CBP sometimes does not follow it own law, and let people back on prior stamps. However, 100% correct way is to obtain a new stamp. Good luck.

F Capriotti 2793192.Html · Accepted Answer · 2026-06-15T11:30:17+00:00

Where is the lawyer that you should be talking to about this? If you talked to him/her ... please tell us what he/she said. If you didn't talk to an attorney that is working for the company ...talk to him/her before going onto an internet blog. He/she has seen the papers, we haven't.

H1b transfer during I290B in progress- what are the chance of getting without counselor processing?

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