Immigration Issues/H1b Transfer

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Question
Hi Expert,

My Current Employer A has started my H1b transfer under normal processing. I have resigned and joined my employer on getting  H1b transfer receipt notice.

In case H1b transfer started by Employer A is rejected :-
1. Can I initiate fresh H1b transfer by joining other employer?
2. What will be my status in case H1b transfer rejects?
3. How long can I stay with in country? Is there any interim grace period where I can search job and go for fresh transfer.

Please advice, as I am bit tensed.

Thanks

Answer
Hi,

You can be legally employed by the company (Employer A) which has filed an H1B transfer petition for you under H1B portability rules. Related information is here: www.h1b1.com/concurrent.htm

However, if the H1B petition filed by Co. A is denied by the USCIS, any pending H1B transfer petitions from Co. A to Co. B or C, etc. will also be denied, and in addition you must discontinue employment with Co. A upon denial, as well as any other companies which have filed an H1B transfer petition for you.

There is only a 10-day grace period in H1B status. Thus, you must depart the U.S. within 10 days of denial of the transfer petition.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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