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H1B transfer RFE. What options do I have if it is rejected

San Jose, CA |


My H1B transfer has an RFE. I wanted to know what options do I have if it is rejected.

1) My spouse is on H1B too. Can I apply for H4 COS after H1B transfer is rejected without having to leave the country.

2) Can I apply for a new employer after my H1B transfer is rejected. My original H1B is valid till OCT 2014.

3) If my RFE is rejected can my employer apply for a new H1B and would I have to travel to my country to get the visa again.

4) Can I start H1B transfer process with another company before the rejection?


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Attorney answers 4


What did the lawyer working for the new company have to say when you asked him/her these questions?

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


These questions should be discussed with your employer's attorney or on a consultation. This is not a law office. it is a free information forum.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


Consult with your employer's immigration attorney. You may also retain your own immigration attorney to discuss the specifics of your case in greater detail, since this forum is to provide general information, not legal advice.

The information provided is intended for informational purposes only and should not substitute for the advice and counsel of an attorney. This information does not constitute legal advice. We ask that you consult with a lawyer, as your facts are unique and because each situation requires analysis from many different perspectives. We cannot be responsible if you rely on information based on this website without the consultation of an attorney.


You are jumping the gun. RFE does not necessarily mean the petition will be denied (not rejected.) Most of the answers would depend on the reasons for denial. You may have options, namely, your employer refiling, changing status or new employer petition.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.