Can You Get Your H-1B Transfer Denied After LCA Approval?

By | March 12, 2019

The approval of a Labor Certification Application (LCA) is based on the Department of Labor while your transfer petition is adjudicated by the USCIS. Because of this, one entity is not contingent on the other. This means that one can be approved while the other is denied.

If you find your H-1B transfer denied after your LCA has been approved, then this may be an issue with how you have maintained your status in the past. This can include violations of immigration or civil law by either you or your employer prior to your H-1B transfer petition. Check for H1B Visa Process in UT Evaluators

What to Do After Denial

If your petition for H-1B transfer is denied, there are several steps that can be taken to go around this depending on the reason for the denial:

A. Your employer can file a different I-129 petition on your behalf. In order to find supporting evidence to subvert the previous transfer denial, it is best to seek the counsel of a qualified immigration attorney.

B. If your transfer petition was denied because of improper documentation or a payment problem, you may be able to refile and seek approval provided that the mistake has been fixed.

C. If your employer will not file another petition on your behalf, you may want to consider seeking an employer who will file.

Unfortunately, your denial letter will likely contain a statement that makes appealing your H-1B transfer denial impossible. However, you may be able to file a legal motion to have your case reopened or reconsidered.

A. Motion to reopen

This is used when new evidence has come to light and you believe that, if the evaluating officer were to reopen your case with this new evidence, a different decision might be made. For H1B Visa Process Visit here

B. Motion to reconsider –

This is only used if you believe that the evaluating officer was wrong in his or her decision to deny your H-1B transfer.

Keep in mind that these are both delicate legal procedures that should not be attempted without the help of an experienced immigration attorney.

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