H1B Transfer

[ashwinkhai]

Hi,

I was in my L1 Visa for Company A. Company A applied for COS to H1 when my L1 was about to expire. My COS from L1 to H1 with Company A is approved from April 2012.

Company B gave me a good offer and I joined Company B in June 2012. Company B filed by H1B Transfer and I hvae the receipt number.

In case my H1B Transfer is denied, can I do the following:

1. My Spouse is also in H1B. And I have H4 petition valid till 2013. Can I get a change of status from H1B to H4 if my H1B transfer is denied?

2. Can I try employment with a new employer C? Can new employer C file H1B Transfer?

3. Do I have any other options?

Thank you

[ashwinkhai]

H1B Transfer

I really appreciate any information you can provide. THank you in advance.

Hi,

I was in my L1 Visa for Company A. Company A applied for COS to H1 when my L1 was about to expire. My COS from L1 to H1 with Company A is approved from April 2012.

Company B gave me a good offer and I joined Company B in June 2012. Company B filed by H1B Transfer and I hvae the receipt number.

In case my H1B Transfer is denied, can I do the following:

1. My Spouse is also in H1B. And I have H4 petition valid till 2013. Can I get a change of status from H1B to H4 if my H1B transfer is denied?

2. Can I try employment with a new employer C? Can new employer C file H1B Transfer?

3. Do I have any other options?

Thank you

[shervin143]

If Company B's petition gets denied, then you are considered out of status as USCIS did not authorize your employment with Company C. When you are out of status, the chances of a successful transfer to another other employer or a COS to any other status is very less. This is why you should not join a company with just the receipt notice. If you file a COS to H4, it will take about 2-3 months to get approved. If you file a transfer to another employer, it will take 2-3 months by normal process and 15 days by premium. If the petition gets denied, it will add to your already accumulated out of status period. So the best option is to leave the country and return back in H4 visa or return back in H1B visa along with a valid H1B petition of the company that you will be working once you are inside U.S.