RFE on H1B visa tranfer


HarshuAmma

Recommended Posts

I'm on H1B Visa, a month back I switched from employer A Consulting to employer B (Fulltime)  after filing the H1B transfer. I got RFE on my visa transfer. Employer A sent a email that he will be withdrawing my H1B petition.

 

Wondering what will happen if my H1B transfer gets rejected. Will I be out of status?

 

Can I transfer my H1B to some other employer?

 

Since Employer A has withdrawn the H1B petition, can I ever work on my H1B again if Employer's B H1B gets rejected?

 

Any input on this is really appreciated

 

Thank You

Harsha

 

 

Link to comment

I'm on H1B Visa, a month back I switched from employer A Consulting to employer B (Fulltime)  after filing the H1B transfer. I got RFE on my visa transfer. Employer A sent a email that he will be withdrawing my H1B petition.

 

Wondering what will happen if my H1B transfer gets rejected. Will I be out of status?

 

Can I transfer my H1B to some other employer?

 

Since Employer A has withdrawn the H1B petition, can I ever work on my H1B again if Employer's B H1B gets rejected?

 

Any input on this is really appreciated

 

Thank You

Harsha

Yes, if denied you will be out of status. A new employer can file your H1B petition but it would get approved as consular processing. You can work with employer B based on receipt notice. Once you get a denial notice you have to stop working immediately.

Link to comment

Once you leave the employer, its doesn't matter for you if they cancel your H1b or not. For you, that H1b is dead. 

Remember the H1b thumb rule: Do not join new employer until the new H1b is APPROVED.

If you provided sufficient proofs (like pay-stubs) to show that you were in-status at the time of new H1b filing, you should be good.

Link to comment

Archived

This topic is now archived and is closed to further replies.