I am on H1 and changing jobs. I would like to understand the possible complications for H1 transfer. I plan to join the new company on the receipt of H1 transfer, if my H1 transfer application is denied what would be my H1 status and what option would I have. Thank you!
To be sure of not betting on the wrong horse, I would request the "new employer" to file your "transfer" petition on PP service. That way you will have an idea, within 14 days or less, reading from the contents of the RFE that "employer" will receive, if a strong case with a good chance of approval or not. Perhaps it will be approved on the "first shot" - you never know. But at least you will have an idea.
if that "transfer petition" were to be denied months after you have already jumped ship, bet on a bad horse and no longer on the payroll of the previous "employer', you will suddenly find yourself "out of status", but will (hopefully still) have 60 days "grace period" during which to secure alternative H-1B employment. Now you know all possible scenarios. Best of luck!
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. 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.
There can be numerous issues that can arise. It is not possible to summarize it here as every case is different and the requirements for each varies.
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.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline