Already with new employer, but H1B transfer gets rejected. Am I legal?

greenleaf

New Member
Can anyone give me advice on this? As the law puts it, I can start to work for a new employer right the day they file on my behalf to transfer my H1B. I do not have to wait until the USCIS' approval. The tricky point is that: what if my transfer won't go thru? Am I considered legal for the time I left my previous employer and worked for the new one? Thanks.
 
greenleaf said:
Can anyone give me advice on this? As the law puts it, I can start to work for a new employer right the day they file on my behalf to transfer my H1B. I do not have to wait until the USCIS' approval. The tricky point is that: what if my transfer won't go thru? Am I considered legal for the time I left my previous employer and worked for the new one? Thanks.

that depends on the old i94.
 
I am in the same situation now, but I dont want to take risks and would like to join the new company once the transfer has been approved as that what the lawyer said....
 
I have rarely heard of a rejection. It can only happen if the company filing for your H1-B had a lot earlier problem with the USCIS.
 
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