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Working while H1B transfer with new employer with previously denied H1b transfer

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  • Working while H1B transfer with new employer with previously denied H1b transfer

    Hi Friends,

    I was working with Company A till July 2015 and Company B filed my H1B transfer. Based on receipt I started to work with them. I got an RFE and denial on 12 Oct 2015 for transfer. I tried for another company C and I have an offer with them now. Company C says they will file my transfer again from Company A and once we get receipt from USCIS I can start working with them. After approval I may need to go to home country for stamping within 6 months. My Visa and I94 with Company A is expiring in dec 2015.

    My question is - will it be legal to work with Company C after dec 2015 if the H1B transfer with Company C is in process?

    Thank you in advance.

  • #2
    You cannot file a transfer from A to C since you have already started working for B. If you file a transfer from A to C, then you need to provide payslips up until this point from A which is not possible in your case since you no longer work for them. Your transfer to B has been denied, so you cannot work for them either. Even if you apply a transfer now, the transfer can only get approved for consular process. Meaning the approval won't come with a new I-94 attached. In order to avoid more out of status period, your best option at this time is to leave the country immediately. Then file a transfer to C for consular process. When C's petition gets approved, travel back using a valid H1B visa and begin working for C.
    Not a legal advice. Use of this information is strictly at your own risk.