Hi,I am planning to do H1 transfer from Company A to Company B.I have already got a job in Company B.Company B is asking me to put a resignation when I gets a reciept number and my notice period is 2 Weeks.After 2 Weeks I have to join a Company B.H1-B transfer in Premium Process takes min 3 weeks.So I have to join a Company B before H1-B transfer process completes.I want to know what would happen if my H1-B transers gets denied. 1. Do I need to go back to my country. 2. Can I do the transfer to Company C, also I Cannot go back to Company A 3. How long I can stay in US after H1- transfer denied.Right now I have this 2 questions, but will appreciate if you can provide more details apart from above 3 questions.Please reply asap as I have to reply back to Company BThanks
1) Yes. There is no grace period after denial. There is no way that you can guarantee approval. So you would have to leave immediately. If you want to come back, you can have a new company or the old one file a new H-1B for you where you would process outside of the U.S. Sorry, it is the risk that you take.
2) You would have to do the transfer to Company C before a final denial of Company B. So it may be possible that if you appeal the denial of Company B's petition, it would not be a final denial and you may be able to transfer from Company B to C because technically you would not be out of status.
3) No time. There is no more grace period like there used to be.
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Thanks for the Immidiate reply.
I have 1 more question for your 2nd answer.
You would have to do the transfer to Company C before a final denial of Company B. So it may be possible that if you appeal the denial of Company B's petition, it would not be a final denial and you may be able to transfer from Company B to C because technically you would not be out of status.
Can I do like this, I got denial for Company I appeal for the denial fo Company B and then I can find another sponsor if this is possible how much time I will have?
I believe that this would be possible and unfortunately, I cannot tell you how long you would have, but probably much more that a few months. However, you could not stop working for Company B and then look for a job and then file with Company C. It would have to be just like if you were going from Company A to Company B. There cannot be a gap in your employment. You must maintain that employment to maintain your status. Please let me know if you have any additional questions and please do not forget to click accept. Thank you.
1 last Question than I am done.
As per you response I cannot be without employment.
But can I find a job while I have appealed for denial and working for Company B. If suppose I find a job before any decision comes for denial can I again file for H1-transfer say for Company C.
Thanks for the patience and your immediate reply
Everything has to apply the same. For example:
Your Company B H-1B is denied, you have 30 days to appeal. You file the appeal on time and you MUST continue to work for Company B. 65 days go by, your appeal is still pending, you finally fine a Company C. Company C files a new H-1B for you, you wait for the receipt, then you are safe to work for Company C.
That should work for you. You just cannot have a gap in employment. Please let me know if you have any additional questions and please do not forget to click accept. Thank you.
10+ years of experience in various aspects of U.S. Immigration Law.
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