Can H1B visa transfer be rejected? The answer might cost you more than you think. If you’re an immigration professional or travel agent handling H1B transfers, the stakes are high. A rejected transfer isn’t just a paperwork issue; it could disrupt careers and even lives.

So, can H1B visa transfer be rejected? Yes, and understanding why can make the difference between success and setback.

In this article, we’ll uncover the top reasons behind H1B transfer rejections and denials, and show you how tools like Vettstream can help you avoid costly mistakes. Let’s dive in and make sure your clients’ transfers go smoothly.

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What Does it Mean if Your H1B Transfer is Rejected?

Before we go into the specifics, it’s important to clarify the difference between a rejection and a denial:

• Rejection: Happens when USCIS returns the application because of administrative errors, missing forms, incorrect fees, or incomplete documents. This can often be fixed with resubmission.
• Denial: This is a much more serious outcome, where USCIS evaluates the petition and decides that the applicant does not meet the necessary criteria for the H1B transfer. This could be due to issues like specialty occupation requirements not being met, the employer’s inability to prove the wage, or failing to demonstrate a legitimate employer-employee relationship.

So, can H1B visa transfer be rejected? Absolutely, especially if you overlook key details in the application or miss important documents. However, rejection isn’t the same as denial. Rejection can be resolved, while denial means a more thorough review and usually requires an appeal or a new petition.

Why Might an H1B Transfer Petition Be Rejected?

There are several reasons why an H1B transfer might be rejected. Let’s break them down so that you know exactly what to avoid:

1. Missing Documents:
   • Proof of employment relationship: USCIS needs evidence that the employer controls the employee’s job. If the applicant has a third-party work arrangement or works off-site without clear supervision, this can lead to a rejection.
   • Job description: The petition must clearly show that the position qualifies as a specialty occupation (i.e., requires at least a bachelor’s degree in a specific field). A vague job description can get rejected because USCIS will question whether the job really requires specialized knowledge.
2. Incorrect Fees:
   • If the required fees are not submitted correctly, the petition will be rejected. This might sound like a simple mistake, but it’s common. Always double-check the payment amounts!
3. Application Sent to the Wrong Department:
   • If you send the petition to the wrong department within USCIS, the application might be rejected simply because it wasn’t reviewed by the right team.
4. Missing Signatures or Incomplete Forms:
   • This one’s simple: if the forms are missing signatures or vital information, USCIS won’t process the application.

How to Avoid H1B Visa Transfer Rejections

You’re probably wondering how you can avoid these common pitfalls. Fortunately, there are tools available that can help.

How Vettstream Can Help You Avoid Rejections

Vettstream is an advanced platform that helps you scan social media pages and verify documents to ensure that everything is in line with USCIS requirements before you even submit the application. Here’s how it works:

1. Social Media Scanning:
   • Why Social Media Matters: USCIS is increasingly using social media to check for inconsistencies in applicants’ stories. For example, if an applicant claims to be employed full-time with a specific company, but their social media posts suggest otherwise, it could be a red flag.
   • Vettstream scans social media pages to ensure alignment between the applicant’s profile and the data submitted in the application. By doing this, you can catch inconsistencies early, preventing potential rejection.
2. Document Verification:
   • Ensure Complete Documentation: Vettstream allows you to scan all required documentation before submission. It checks for completeness, consistency, and correctness, making sure that all necessary documents are present, like proof of employer-employee relationship, wage documentation, and educational qualifications.
   • Error Detection: Vettstream will flag any missing documents or errors in your application, reducing the chances of rejection due to administrative mistakes.

With Vettstream, you can be confident that your H1B transfer applications are fully vetted and ready for USCIS review, reducing the chances of rejection by eliminating avoidable errors.

Can You Appeal a Denied H1B Transfer?

So, your H1B transfer has been denied. What now? Unlike rejection, denial means USCIS believes that the transfer doesn’t meet the necessary requirements. While this might seem like the end of the road, you do have options.

1. Motion to Reopen:
   • If there’s new evidence that wasn’t previously considered, you can file a Motion to Reopen. This is your chance to submit fresh documentation or proof that addresses USCIS’s concerns.
2. Motion to Reconsider:
   • If you believe that USCIS made an error in their decision, a Motion to Reconsider asks USCIS to review the decision based on the legal or factual mistakes they made. This can sometimes lead to a reversal of the denial.
3. Appeal to the Administrative Appeals Office (AAO):
   • If a denial seems unjustified, you can file an appeal with the AAO. This process can take several months, and the success rate is lower than motions, but it’s an option to challenge a denial if it was based on incorrect interpretation or errors.

Can You Keep Working After an H1B Transfer Is Denied?

This is one of the most pressing questions for applicants: Can you keep working after your H1B transfer is denied?

The answer depends on your situation:

• If you are still working for your original employer and they have not withdrawn your H1B petition, you can continue working under the terms of your current visa.
• However, if you’ve already moved to the new employer and the transfer is denied, you must stop working immediately.

It’s crucial to consult with an immigration attorney if you find yourself in this situation, as you’ll need to explore options to either return to your previous employer or change to another valid visa status.

What Happens If Your H1B Transfer Is Denied After You’ve Left Your Original Employer?

If your transfer is denied and you have already left your original employer, your situation becomes more complex. You have a few options:

• Find New Employment: You can look for another employer who is willing to sponsor your H1B visa. This employer will need to file a new petition on your behalf.
• Change of Status: If you qualify for another visa category, you may apply for a change of status.
• Leave the U.S.: If no other options are available, you may need to leave the U.S. to avoid accruing unlawful presence, which can hurt your future visa applications.

Conclusion: What to Do Next?

Now that you know the risks and next steps, it’s time to take action. If you want to avoid H1B transfer rejections and make sure your application is error-free and ready for USCIS approval, start using Vettstream today.

Vettstream helps you scan both documents and social media to ensure that all your paperwork is complete, and all information is consistent, making it the #1 tool for reducing H1B visa transfer rejections.

Don’t wait for a rejection or denial; take proactive steps now to protect your client’s status and improve their chances of a successful H1B transfer. Click the link below to watch a quick video that explains how Vettstream can help you avoid costly mistakes and streamline your H1B transfer process: Just watch the Vettstream Video

Key Takeaways:

• Yes, H1B visa transfers can be rejected, and often it’s due to missing documents or incorrect details.
• Vettstream can help you prevent rejections by scanning social media and documents to find any red flags before you submit the application.
• If your transfer is denied, you can appeal or reopen the case in some circumstances, but the process can be complex.
• Always consult with an immigration attorney if you’re unsure about the next steps after a rejection or denial.

Take control of your H1B transfer process today, make sure your documents are in order and your social media is aligned before submitting. Vettstream is your trusted partner in ensuring the process runs smoothly.