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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11880
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I have a job offer from a small company in San Francisco. Currently

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I have a job offer from a small company in San Francisco. Currently they only have one person( Owner) working in U.S and rest of the 20 or so employees work for a sister company offshore.

I am currently on H-1B . Can the company do my H-1B transfer without any hickups. They are ready to follow the necessary steps.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?

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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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