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H1B transfer denied - seeking options

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  • H1B transfer denied - seeking options

    All,


    Seeking help from this forum to get some clarity on my options. My H1B transfer from Employer A to Employer B was denied, and the Emp B has filed a new H1B transfer with a more detailed job description. But, there's no guarantee that this application will be successful. So, in the meantime, I would like to check what my fallback options are.
    1. I am assuming I can go back to old employer A if that's an option. How would I know that the old employer has still not rescinded my H1B after I left the company. I also have an approved I140 with my old employer and I am not sure if that has any bearing at all.
    2. Can I look for opportunities in a different company, let's say Emp C. If I do get a job offer, can the new employer apply for a transfer from Emp A? Will that have any bearing on the current transfer application filed by Emp B.

    Thank you all for your responses in advance.

  • #2
    1. Yes. Your approved I140 is not affected, and it has no bearing on the approval or rejection of your H1B transfer.
    2.Yes. Yes. No.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Thank you so much! I would really appreciate if you could answer this quick follow-up question. I foresee a scenario in which two H1-B transfer applications (Emp B & C) will be active concurrently. In that scenario, does the last action rule come into picture (meaning which application gets approved last)?

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      • #4
        Yes
        Just an opinion; Not legal advice.

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