I had my H1B from company A. Company B acquired company B. I moved my work location from TX to NJ and Company B file for I129 - they said its just amendment(don't know the full details of what petition was filed). Got an RFE in Oct 2015, replied in Jan 2016 and on April 20 status changed to I129 Denied. Yet to get the notice to understand the grounds for denial. Meanwhile my client - Company X offered full time and filed for H1 B transfer via premium processing on April 11th. I may get a result on that petition in a day or two.
Even if USCIS approves the Company X's H1B petition, you probably have to do consular processing.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions.
What did Co. X's immigration lawyer tell you when you posed this question to him/her?
Given that you are in all likelihood already deemed to be "out of status" due to the denial of your current H-1B employer's "amended" I-129 petition, Co. X's "transfer" petition, if and when approved, cannot "amend" your status in the US, due to the fact that this requires you to be in valid H-1B status at the time the decision is reached. That approval will come with "consular notification" abroad, in effect requiring you to either apply for a new visa "stamp" if your current H-1B visa stamp (assuming you have one) is expired or about to expire, then come right back. Or, if your visa still valid, can rapidly exit the US and seek to be readmitted on your still valid visa stamp, but on Co. X's I-129/H approval notice.
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.
I agree with my colleague ... please tell us what Company B's immigration lawyer had to say.
Client?? Client?? Are you working under a client/vendor model? If so, that is very risky.
Yes, try to get C to do the papers ... but, you still may need to leave the US to get a new H-1B visa stamp since this denial probably put you 'out of status'.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are 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.
Though Avvo attorneys have gladly volunteered their time and given you feedback, ideally you will work with professionals assigned to the case. The reason is that only they know what they requested on the petition. You will get answers here but they will be vague and unnecessarily confuse you because they are based off of assumptions of respective attorneys. Good luck!
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.
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