H4 to H1b visa petition was rejected but attorney did not informed and continued working

[pratpk9]

I have a unique case. My status was H4 and I found a new employer who was willing to file to transfer my H1b visa (since I already had H1b before). I started working and then after few months received RFE which attorney failed to respond and I continued working since I was not aware. My visa petition for change of status from H4 to H1b was denied. When I came to know about it, I immediately resigned. I have visa stamp of H4 in my passport. The attorney told me to go out of country and come back on H4 visa to clear up the history. 

My question is what will be the impact of this case on my next H1b transfer or green card filing

 

Please respond immediately

[pontevecchio]

First of all you cannot start work if you are in H4 status unless and until the H1 with COS is approved. So that would seem to be not legal in the first place. Possibly no impact on your Immigration though be prepared to explain why you worked for this many months without Authorization.

[jairichi]

I have a unique case. My status was H4 and I found a new employer who was willing to file to transfer my H1b visa (since I already had H1b before). I started working and then after few months received RFE which attorney failed to respond and I continued working since I was not aware. My visa petition for change of status from H4 to H1b was denied. When I came to know about it, I immediately resigned. I have visa stamp of H4 in my passport. The attorney told me to go out of country and come back on H4 visa to clear up the history. 

My question is what will be the impact of this case on my next H1b transfer or green card filing

 

Please respond immediately

You should have known that when there is a change of status petition from H4 to H1B pending for a decision you are not supposed to begin employment before approval. This is unauthorized employment. Talk to an immigration attorney.

[pratpk9]

I was not aware of it that I can not start working w/o COS is approved. The attorney did not tell me or the employer and thats why I am in this situation

[jairichi]

I was not aware of it that I can not start working w/o COS is approved. The attorney did not tell me or the employer and thats why I am in this situation

Ignorance of law is not an excuse. Talk to an independent immigration attorney as do as suggested.

[rahul412]

I was not aware of it that I can not start working w/o COS is approved. The attorney did not tell me or the employer and thats why I am in this situation

That's a big mistake. You need to talk to an attorney NOW.

BTW didn't your spouse told you that you are not supposed to work on H4?