Legal Question in Immigration Law in New Jersey

My Current Employer A has started my H1b transfer under normal processing. I have resigned and joined my employer on getting H1b transfer receipt notice.

In case H1b transfer started by Employer A is rejected :-

1. Can I initiate fresh H1b transfer by joining other employer?

2. What will be my status in case H1b transfer rejects?

3. How long can I stay with in country? Is there any interim grace period where I can search job and go for fresh transfer.

Please advice, as I am bit tensed.


Asked on 7/29/13, 7:48 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If your previous employer withdrew your I-129 petition, and if you have no other valid, approved I-129 petition to fall back on, then you will be considered out of status if the new I-129 petition is denied. However, you could still have an employer file an I-129 for the remainder of time you have left in H-1B status. You would just need to obtain the visa abroad, assuming you did not accrue 180+ days of illegal presence in the meantime.

There is no grace period, other than for completion of the validity period of the current I-129, which is only 10 days.

You should be speaking with the new employer's immigration attorney on this matter, as well.

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Answered on 7/30/13, 2:01 pm


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