H1B change of employer denied filed LCA before denial date but filing new H1B after denial without leaving country as I-94 still valid


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My H1B transfer got denied on Oct 25, 2019.

My employer filed a new LCA on Oct 24, 2019 itself as a backup option (due to level 1 wages/specialty occupation denial) with a start date in LCA as Oct 25, 2019.

  • The LCA is certified today Nov 1, 2019 and our attorney is filing the new H1B petition with different client on Monday Nov 4, 2019. We are yet to receive the hard copy of denial notice from USCIS.
  • Attorney says that I can wait for the receipt notice so that I can start working for their another client without leaving US as I have I-94 until Aug 2020, also they say that we are yet to receive the denial notice.

Couple of my friends had similar issues and they refiled a new H1B petition without leaving US.

Please suggest/advice accuracy if someone had faced similar situation.

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