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I'm currently on H1b since Oct-2015. I changed employer on…

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I'm currently on H1b since...
I'm currently on H1b since Oct-2015. I changed employer on 28th Aug on the H1b receipt which i had got on 25th July. My H1b change of employer petition is still pending with USCIS.My I-94 with previous employer is valid till September-2018. If my H1b transfer rejected will i still be able to change employer?
Submitted: 8 months ago.Category: Immigration Law
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11/11/2017
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,885
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 months ago

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

You can file as long as your I-94 is valid and the current petition pending is not denied. You are in valid H!B status until there is a denial.

Also this employer can withdraw their petition and terminate you. If they did that you could take advantage of the 60 day grace period to have a new employer file for you. You don't get the grace period with a denial - then you have 10 days to depart.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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