Status after H1 transfer denied

[bpmalik]

Hi
My current company has gone bankrupt ( Chapter 7). Bussiness is closed. I have offer from other company( Which is just opened). I have 2 question.

1. Since new company is just couple of days old & there are only 2 or 3 employees. Can I be denied H1 transfer for these reasons?

2. As I know I can start working after getting receipt form INS. If my H1 is denied, (The result may take 3-4 months) what will be status, will I be illegal from the date I was denied approval or from the date I applied for transfer.

3. After deniel can I apply for another company?

Thanks

 

[ginnu]

1. Since new company is just couple of days old & there are only 2 or 3 employees. Can I be denied H1 transfer for these reasons?
--No, the company should be able to pay your salary and should be able to provide financial documents to INS/BCIS if asked, I know about company who had only 1 employee but recently got H1 transferred for 2nd employee.
2. As I know I can start working after getting receipt form INS. If my H1 is denied, (The result may take 3-4 months) what will be status, will I be illegal from the date I was denied approval or from the date I applied for transfer.
-- The date you applied transfer
3. After denial can I apply for another company?
--- It means you will be out of status if your earlier H1 is denied but I hope your employer can apply for NEW H1B and you have to go out of US to get H1B Visa stamped in your Passport and then re-enter US because with new H1b no I-94 is attached.


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