Out of Status and Eligibility to start working again

Asked over 1 year ago - Sacramento, CA

When an H1 transfer from Company A to B is denied, If a person starts working for Company B with a receipt notice,
So now the Out of Status days start from the day the person joined Company B or from the day he got the denial Notice.
Now If I company C applies for H1 transfer based on Company B's Receipt notice, can the person start working on new Receipt Notice filed by Company C after denial?

Attorney answers (5)

  1. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . Denial notice

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . From the day person already in H-1B status got the "transfer" petition denial issued to him/her.

    No. On the date the transfer denial notice is issued, that person can go back to (or might have never left) the original employer through whom got the H-1B status, work for a few more weeks (to be safe) and then have Co.C petition you. (this plan will only work IF Co. A, angered by your betrayal did not notify USCIS that it is withdrawing the LCA and I-129 it previously filed on your behalf. In effect pushing you out of status..)

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . No, that person is out of status and will need to enter the US with a valid H-1B visa stamp AFTER the H-1B petition is approved in order to begin working.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. Tripti Sharad Sharma

    Pro

    Contributor Level 19

    2

    Lawyers agree

    1

    Answered . Out of status from denial. Cannot port to Company C.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  5. Kaushik Shakti Ranchod

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    1

    Answered . No, you cannot file for a H1B transfer based on the receipt notice that was filed but denied. However, company C could apply for a new H1B application on your behalf and you could apply for the H1B visa stamp, if company C's petition is approved, at the US Embassy.

    This information is not, nor is it intended to be, legal advice. You can call us at 916-613-3553 to schedule a... more

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