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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?

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. Yes

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 nfleischer@immigrate2usa.com Enjoy our Blog at http://immigrate2usa.blogspot.com/


  2. 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 disclaimer: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship. Contact the American Immigration Lawyers Association www.aila.org for a referral to an experienced immigration attorney.


  3. 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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. 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.

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