QUESTION
Will I have any issues with my visa if the transfer was rejected?
Asked on Jan 15th, 2012 on Immigration - California
More details to this question:
I am working with Company A on H1B visa. I have now got an offer from Company B. (i) Once the transfer is approved by USCIS then if I wish to still continue with Company A then can I continue with Company A using my current H1 (which is via Company A)? ( ii) Once the transfer is approved by USCIS then if I wish to still continue with Company A, then later on during extension of the H1 will Company A come to know that there had been an H1 transfer request? (iii) If the transfer request from Company B gets rejected by USCIS, then will my current H1 with Company A be also invalid? Or can I still continue to work with Company A using my current H1? (iv) In case the transfer is rejected and I continue with Company A then later when I file for an extension will there be any issue because of this transfer rejection?
3 ANSWERS
Leon Wildes
When you ask to change to Co. B from Co. A you must specify if this replaces A or whether you want to work for both for any percentage of the work day so that you are not left in a confused state , as iou apparently are. Be specific when you file the application.
Answered on Jan 30th, 2012 at 4:07 PM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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It is possible to have 2 H-1B's with 2 different companies. However, you cannot file 1 H-1B and expect to work at both companies.
Answered on Jan 30th, 2012 at 1:51 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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You can continue working for company A if company A does not withdraw your h1 petition. It is unlikely company A would know this transfer application. Your current h1 will still be valid and you can continue working for company A unless this approval is withdrawn by the employer.
Answered on Jan 27th, 2012 at 8:42 PM