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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28208
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I was working A on h1b, applied transfer

Customer Question

I was working for company A on h1b, applied for h1b transfer to company B. I"m currently working for Emp B based on H1b portability. ( receipt notice). This morning I received an RFE for the transfer. I would like to know, in case my H1b transfer gets denied, can I apply for h1b-h4 using COS while in the US ( my spouse is on H1b)
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello, my name is Judith. Thank you for this opportunity to answer your questions. I have 34 years experience as a licensed immigration attorney.
No, once your H1B for the new employer you ported to is denied you go out of status because you are no longer working for the first H1B employer. Once you are out of status you cannot change status in the US.
If you go back to work for H1B then you could file for a COS.
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Judith