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H1B transfer denied; PR process ongoing. Options?

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  • H1B transfer denied; PR process ongoing. Options?

    I recently left employer A after receiving an offer from employer B. An H1b transfer petition was submitted within the 60 day grace period; however, after two RFEs, the petition was denied (specialty occupation). Employer B has withdrawn their offer and cut ties. After filling the H1b petition, my wife (US citizen) and I filed a spouse-based permanent residency petition.
    1. Am I currently out of status? Even with a green card petition submitted? If so, do I need to leave the country? And how does that affect my green card petition?
    2. Can another employer C with an offer file an H1b petition at this point?

  • #2
    Hi,
    Here is my response.
    Am I currently out of status? Even with a green card petition submitted? If so, do I need to leave the country? And how does that affect my green card petition?
    Answer: If you have pending adjustment of status petition then no need to leave country. But, Just want to make sure what are the petitions did you file? and when? Along with this, I suggest you to have a discussion with Immigration Attorney for further confirmation.
    Can another employer C with an offer file an H1b petition at this point?
    Answer: Yes. You can file another H1B petition. But I am sure, it will be with consular approval.
    Thanks

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