In case of an H1B Transfer, the beneficiary can start working for his new H1B on receipt of I129 by USCIS. What if its denied?

Asked over 2 years ago - Austin, TX

I was told by my new employer that I can port to my new company where I am trying to transfer my H1B that I can start working as soon as we get the UCIS receipt of I129 application. What if I start and for some reason it is denied. Will I be out of status ??

Attorney answers (4)

  1. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . Yes, you can start work as stated.

    Whether you lose status depends on your current employer. If they cancel their H-1B, then, yes, you would be out of status. If they do not, you would need to return to them.

    You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Neil Ian Fleischer

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  3. Caro Marie Kinsella

    Contributor Level 11

    2

    Lawyers agree

    Answered . If you transfer an H-1B, you are permitted to work for the new petitioner once you file the H-1B transfer with USCIS. If the H-1B transfer is later denied, then your legal status is determined from the date of this denial.

  4. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes you can port. Yes, there is a risk if it is denied. That is why you should have a good immigration lawyer do the papers.

    www.capriotti.com -- franco@capriotti.com -- Senior Legal Counsel -- Capriotti International Law -- Legal... more

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