Your spouse's situation demonstrates why it is a good idea to stay with the company with the approved H-1B until the new H-1B by the second company is approved. If your spouse stayed with Company A, she and you would be in a good position for Company B to reapply and even if rejected or denied, your spouse would still be with company A. Although U.S.C.I.S. allows you to move on to company B after filing an H-1B transfer, a rejection or denial would make your legal status questionable. U.S.C.I.S. normally requests evidence of continuing work with company A. If your spouse has not been working with company A and instead transferred to Company B already, you may both have to leave the country and pick up your visas overseas assuming that the second H-1B petition by company B is approved.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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