H1B Petition Rejected

[Peacekeeper87]

Hi guys,

Can I keep my H1B if i quit my USA job and start working in Canada for a Canadian employer?

Your H1B visa is directly linked to your current employment.

If you quit before a new I-129 petition is filed and approved on your behalf, you'll become De Facto out of status.
When you quit, your employer is by law required to inform USCIS and your H1B will be immediately revoked. So no, you can't quit and just keep your H1B.

But if you have a proper work permit in Canada and a job offer, then sure, you're not taking any risks...other than realistically forever saying good-bye to any future H1B approval. USCIS will very unlikely be willing to give you another chance at an H1B if you quit... Those are very scarce, and won't give them to someone who has a history of resigning it.

>>>>Be very careful though. Some H1B holders have a 10 day grace period after their visa validity, to give them time to leave the country. This grace period can only have been explicitly given to you by a CBP officer at port of entry or USCIS. If you do not explicitly have this pre-authorized 10 day grace period, you have to leave the country no later than the day of your visa expiry, or before it's revoked! So try to negotiate that your employer doesn't revoke your H1B as soon as you leave the office... . It's ridiculous, I know...<<<<<<<

 

[axm_abhii]

I have a similar situation - selected in H1 lottery last year, got RFE this year in Feb and finally a rejection. So technically no visa and hence I mentioned "NO" in the Work Permit Form for the question which @bluemen has mentioned in the thread. After my employer filed it online, I got a reply after 9 days asking for submitting the passport with the below text

"
This is in reference to your application for temporary residence. A decision has been made on
your application. We require your passport to finalize processing your application.
Passport requirements
• Please provide your passport or travel document, with a copy of this letter.
• There must be at least one blank page in your passport.
• Your passport must be valid for the duration of your expected length of stay in Canada.
• Please note that we cannot issue a visa beyond the expiry date on the passport.
Your passport must be received by Immigration, Refugees and Citizenship Canada within
30 days from the date of this letter. Failure to do so could result in the refusal of your application.
Please ensure that a copy of this letter is included with your passport
"

My employer is not really revealing if the case was approved or not.I am a bit worried if the answer to the visa section doesn't cause any problems still after submitting the passport.

 

[Monikap]

Hi guys m also confused on this. Would appreciate if anyone had similar experience or any knowledge. So I didn’t hv any rejection but my h1 is under process and got rfe and sent papers but decision is yet to made i am expecting ITA soon so this situation should be mentioned in LOE? Thanks

 

[vnjh]

Hi

I applied for work permit this year.

I hold a US B1 visa and also held the Canada visitor visa which was expired last year. Five years ago i was offered a job offer from a US company when i was working in Europe, I just signed the offer letter and did not signed anywhere, no application form nothing.They applied for H1B petition and it got selected in lottery and unfortunately they got RFE due to lack of justification of role and responsibilities of job in the documentation. On RFE it was clearly mentioned that the applicant/petitioner was that company (which offered me a job) The petition got finally rejected and i did not go for any visa interview. The company didn't even share the final decision notice with me and I also did not bother much because I had made my mind of not moving to US by then.

Now this year when i was offered a job by a Canadian company and they applied for LMIA based work permit. I marked no for the question "Have you ever been refused a visa" because i never considered it as a visa refusal in last 5 years and have travelled across the world getting every visa without mentioning anything about it because it was a mere rejection for that company which was not able to produce proper documentation with their H1B petition.

Unfortunately I got procedural fairness letter for misrepresentation, may be the visa office didnt check the type of US visa in shared database. I have replied with all the explanation nd proofs i had from my five year old email history. I hope i will get a final decision of approval but it is adding more and more delay.

So guys my advice is to always select yes if your H1B petition was denied and you didn't get to the interview and even if you don't know the rejection reason in final decision letter of H1B petition denial.

Actually its similar to like how a Canadian company after offering job applies for LMIA in Canada and if LMIA gets rejected it is not considered as visa refusal but for H1B petition denial they don't consider it same

 

[shadowz]

I did not submit any additional details and my application is approved.

Hi Akashg,

What did you answer in the application yes or no for the question?

 

[vnjh]

Hi

I applied for work permit this year.

I hold a US B1 visa and also held the Canada visitor visa which was expired last year. Five years ago i was offered a job offer from a US company when i was working in Europe, I just signed the offer letter and did not signed anywhere, no application form nothing.They applied for H1B petition and it got selected in lottery and unfortunately they got RFE due to lack of justification of role and responsibilities of job in the documentation. On RFE it was clearly mentioned that the applicant/petitioner was that company (which offered me a job) The petition got finally rejected and i did not go for any visa interview. The company didn't even share the final decision notice with me and I also did not bother much because I had made my mind of not moving to US by then.

Now this year when i was offered a job by a Canadian company and they applied for LMIA based work permit. I marked no for the question "Have you ever been refused a visa" because i never considered it as a visa refusal in last 5 years and have travelled across the world getting every visa without mentioning anything about it because it was a mere rejection for that company which was not able to produce proper documentation with their H1B petition.

Unfortunately I got procedural fairness letter for misrepresentation, may be the visa office didnt check the type of US visa in shared database. I have replied with all the explanation nd proofs i had from my five year old email history. I hope i will get a final decision of approval but it is adding more and more delay.

So guys my advice is to always select yes if your H1B petition was denied and you didn't get to the interview and even if you don't know the rejection reason in final decision letter of H1B petition denial.

Actually its similar to like how a Canadian company after offering job applies for LMIA in Canada and if LMIA gets rejected it is not considered as visa refusal but for H1B petition denial they don't consider it same

Just to update here that I got the visa finally after a year's wait.