H1B Transfer - RFE Specialty Occupation

[gvk1311]

Hi All,

Spoke to my attorney after receiving RFE on H1 transfer for specialty occupation. The attorney says I may join now legally but incase of a denial, I should still be fine as my I-94 is valid. He also says they would refile incase of denial and I can work while the refile is in process.

How is it safe to work after the first h1 is denied and the second one is filed. Will I not be out of status? Am I not supposed to leave the country as soon as the first h1 is denied?

[User099]

If you have the option of waiting till the case is approved to joining the new employer, then you should do that. 

I don't think you can work if the petition is denied and while refile is in progress. But you should be able to stay.

[gopalakrishnach]

How is it safe to work after the first h1 is denied and the second one is filed.  - I see many cases. This is normal.

Will I not be out of status? - They need to refile as quickly as possible. I feel your employer will make sure you are not out of status.

Am I not supposed to leave the country as soon as the first h1 is denied? - If you have new petition quickly no need to leave since your I94 is valid. You can start working on receipt.

My point, if everything remains same the refile leads to same output. Make sure your refile case is better and a good employer with good attorney must take care of this..

[gvk1311]

Ok thank you, but as the attorney said they would refile incase of denial, can I take that risk and join now on RFE? 

[User099]

That is up to you to decide.

7 hours ago, gvk1311 said:

Ok thank you, but as the attorney said they would refile incase of denial, can I take that risk and join now on RFE?