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
0 users found helpful
0 attorneys agreed

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.

Read more
7/30/13, 2:01 pm

Related Questions & Answers

More Immigration Law questions and answers in New Jersey

Looking for something else?

Get Free Legal Advice

88222 active attorneys ready to answer your legal questions today.

Find a Legal Form

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Phillip D. Wheeler, Esq.Phillip D. Wheeler, Attorney At LawMorro Bay, CA
David SlaterDavid P. Slater, Esq.Boca Raton, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now