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need urgent help on unapproved H1B transfer

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  • need urgent help on unapproved H1B transfer

    Hi,

    I am currently on L1 visa. my H1B got selected in 2016 lottery which is applied by the same company I am working now and it got RFE on 10/06/2016. after H1B is selected I had traveled to India during may 2016 for new L1 visa stamping as old L1 visa is expired. company announced lay offs and i may get laid off OR asked to go back. is the current H1B which is unapproved with RFE can be transferred to another company to stay in US and maintain the status.

    Thank you.

  • #2
    Originally posted by chakp View Post
    Hi,

    I am currently on L1 visa. my H1B got selected in 2016 lottery which is applied by the same company I am working now and it got RFE on 10/06/2016. after H1B is selected I had traveled to India during may 2016 for new L1 visa stamping as old L1 visa is expired. company announced lay offs and i may get laid off OR asked to go back. is the current H1B which is unapproved with RFE can be transferred to another company to stay in US and maintain the status.

    Thank you.

    No. It can't be transferred until the original petition is approved.
    This is just my opinion, not a legal advice.

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    • #3
      thank you.

      Comment


      • #4
        Hi,
        company attorney suggested on 2016 H1B which has RFE that, RFE can be cleared but "The only thing personal to you is that they observed your trip to India, so they will not be granting an I-94 with change of status in the US. You would need to travel and stamp with the H-1B to get into H-1B status.".

        assuming that H1B will be approved, can this be transferred to another employer?
        even if if it gets transferred, do i need to travel to India for stamping and then only I can start working for new Company on this H1B?
        is there anyway i can avoid travel to India and start working on this H1B?

        appreciate quick response.
        thank you

        Comment

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