H1B Transfer - RFE Specialty Occupation
Hi All, Spoke to my attorney after receiving RFE on H1 transfer for specialty occupation. The attorney says I may join now legally but incase of a denial, I should still be fine as my I-94 is valid. He also says they would refile incase of denial and I can work while the refile is in process. How is it safe to work after the first h1 is denied and the second one is filed. Will I not be out of status? Am I not supposed to leave the country as soon as the first h1 is denied?
Are you in tech role or business side?
tech role, data science
Your attorney is right, if you get denied in your first petition AND if your current i94 is still valid - only then you’re in status. Problem will be if your i94 has expired and then you get denied afterwards. Then you become out of status immediately as your i94 expired and you don’t have any pending application in progress.
ok thank you. So as I have my I94 valid till Aug, can I risk the chance of h1 transfer denial and join the new company?? Attorney already said they will refile the new H1 incase this one gets denied. what do you think?
That makes sense. Go with what your attorney is saying. Also, I am assuming you’re just changing your job, correct? In case, you want to have backup- have two parallel applications filed (one from your current employer and one from the new employer) - that will be a more ideal situation. Make sure you file both applications before the expiry of your current i94.
OP if the application is in premium processing , I would suggest you to wait till approval
Sounds like you have more questions for your attorney
yeah but wanted to ask info from this source as well.