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new H1B denied, Previous H1B question

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  • new H1B denied, Previous H1B question


    My new H1 b transfer application has been denied and I am looking to go back to my previous employer. However, they don't have any openings currently. They told me that they want me back but I need to wait till the new openings are posted this August.

    Here are my question.

    1) Will I be out of status if I wait, as they cannot run my payroll till I join them.


  • #2
    Yes, you are currently out of status and so will also be in the future till your pay period gets started. This means more trouble.

    You should know the reason for denial by now to look at other options.

    In your best interest, do not accumulate more out of status period and return when you have a job. That is the safest way.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.