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Out of Status and Eligibility to start working again

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?

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Attorney answers 5

Posted

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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Posted

Denial notice

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Posted

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 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.

Posted

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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

Posted

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 consultation. You should consult an attorney for advice regarding your individual situation and does not create an attorney-client relationship.