Prati S Posted July 13, 2018 Report Share Posted July 13, 2018 Hi, Can I start working for new employer after H1b denial on receipt? Here is the history In September 2017, employer A's H1b got approved and but another employer B apply for H1b petition as a change of employer before the original petition took effective on October 2017. I only worked for employer A on OPT and never on H1b. After that I received RFE on employer's B petition sometime in Feb 2018 but it was nothing related to my previous employer. RFE was to prove specialty occupation to which my employer B responded some time in April 2018 and my H1b got My 31 2018 as denied. Now on July 5th I have received another offer from employer C and he is asking me to join on receipt notice. Can I join employer C on receipt, if not, do I have leaver the country? Also note that my employer B whos petition got denied has filed an appeal as well. My current i94 on original H1b approval is until Aug 2020 but for some reason when I pull up my i94 online it says Admission until d/s which was the same when I was a student. So can I stay in US looking for jobs? Any help/suggestions are greatly apprieciated. Thanks, Prati Link to comment
pontevecchio Posted July 13, 2018 Report Share Posted July 13, 2018 This is one of those occasions where a consult with a lawyer may be helpful as to opine whether you are considered to have been cap counted based on all the facts. Also have C file in PP if available and join him on approval if necessary leaving to get a H1 visa. Link to comment
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