what happens when h1b transfer gets denied?

EY
ojQb35

Go to company page EY

ojQb35
Jun 1, 2020 5 Comments

Me: working at company A while company B file for h1b transfer and transfer approval got denied. What would be my legal option:

1) Submit petition for another h1b transfer application company B
2) Find a new company (Company C) and file for h1b transfer
3) Continue working for company A

*assuming I have two years of h1b left

#h1b #workvisa #rfe

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TOP 5 Comments
  • You can legally continue to work for company A until your option #1 or #2 work out (if you really want to move out from company A). Company B can also file MTR (motion to reopen) for their earlier transfer application. I would definitely stay at company A until transfer is completed successfully.
    Jun 1, 2020 0
  • Retry (1,2,3)
    Jun 1, 2020 0
  • EY
    ojQb35

    Go to company page EY

    ojQb35
    OP
    Example if in desperate times: Am I able to have multiple offers and company to file for the h1b transfer petition and from then I choose the company that gets approved the earliest to start working
    Jun 1, 2020 1
    • N.E.W.
      re4ft

      Go to company page N.E.W.

      re4ft
      You can have any number of active H1 petitions filed and approved but , you can work for only one employer.

      Once you start working for one, others are supposed to withdraw theirs.
      Jun 2, 2020
  • N.E.W.
    re4ft

    Go to company page N.E.W.

    re4ft
    Unless you want to move, you can continue working for A as long as the petition is valid.
    Jun 1, 2020 0