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H1 Transfer Help

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  • H1 Transfer Help

    Hi,

    I am currently working for company A and I am on H1-B Visa that started Oct 2014. Got a job with company B and they are filling H1 B in regular process as premium processing is not available till July 27. I have been asked to join company B once they receive a notice from USCIS that my application is received.

    If I join company B and somehow my Visa application is denied in few months. What are my options ? Can the same company i.e. B can reapply for visa or can a company C file a H1 B visa for me ?

  • #2
    If Company B's petition gets denied, then you will have to leave the country immediately. Then the same employer (Company B) or a different employer (Say Company C) can file a H1B petition for you (as a consular process) and when that gets approved, you can enter U.S using the approved petition and a valid H1B visa and start working for that employer. It is advisable to join Company B after receiving the approval notice.
    Not a legal advice. Use of this information is strictly at your own risk.

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