Just needed to have some clarification on below scenario: My current employer is a consulting company. My H1B visa has been approved with my current employer. Since the project I am working on will end soon my company has decided to put me on a project in another city, and so they are filing new LCA. I have another offer from new employer and they are filing visa transfer for me too. I was wondering, if I resign from my current employer and they withdraw my application, and the visa transfer with the new employer also gets rejected what should be the next steps? Packing bags and going back to home country? I heard that if Visa transfer is rejected and if it is refiled within a day I can still continue working. Not very sure about this. Any thougts?
I was in the same situation sometime back. you went from company a to company b and B’s H1 hasn’t been approved yet meaning you switched while the H1 for b is still in processing. In case B’s H1 was rejected you will have to leave the country within 15 days. You can’t go back to A even though their H1 was still active. This is the risk you take when switching while H1 is still in processing. I would say don’t switch unless it’s because of dire conditions. Market is still hot and you will get other options. Hard to go out of the country and then find someone to sponsor you to come back.
I got this advice from two separate attorneys. You can check on your side if you really want to be sure about it.
Nope, you can not work even if its filed the very next day because you left the previous employer and lost the work auth transfer to the new employer. You can stay in the country though until your i94 expires, but lawyers usually recommend to exit within 2-3 weeks.
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You should apply in some news company as you will write great clickbait worthy headlines I am so mad whenever I see a clickbait even if it’s just ignorance
How come this is a click bait? I am asking a very genuine question about visa transfer rejection scenario.