Immigration Law Questions? Ask an Immigration Lawyer.
Thank you for using Just Answer/Pearl. I'll do my best to answer your questions as completely and honestly as I can. Please note that I earn my living by helping customers like you, so once you've received your answer, I ask that you give me a positive rating for my customer service, so that I get credit for my work. Also please understand that the rating you give is not based on the outcome of your question, for which the law sometimes does not have a satisfactory solution. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further.QUESTION: Can the company do my H-1B transfer without any hickups.
ANSWER: IF the position is the same or similar to the original position, then the new company can easily do an H`1B transfer/extension on your behalf. They would need to get a new LCA from the Department of Labor, and submit a petition for H1B on your behalf.
QUESTION: If they do file my H-1B and for some reason it gets rejected does it mean I am out of status or can I continue working for my current employer and my H1B with my current employer will still be valid?
ANSWER: If the transfer is denied, you can continue with the old employer. But if you have left the original employer, then they will have to pay you back pay in order for you to remain in lawful status.
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