Bellevue, WA asked in Immigration Law for Washington

Q: H1B - Switching Employer on Receipt Notice - In case of Denial can I switch to different employer without leaving US?

I am working on h1b with employer A and Visa is stamped valid till 2020. I94 is valid till 2020.

I am planning to move to Employer B, Visa transfer is in progress in premium processing and I am planning to start working with employer B on receipt notice.

Q: If the visa transfer is denied after I join employer B. Can I find a new employer (C) and get visa transferred to Employer C. In this scenario can I continue to stay in the US while visa transfer is in progress( and later after approval) ?

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1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
  • Immigration Law Lawyer
  • Las Vegas, NV
  • Licensed in Washington

A: It depends if you’ve accrued any unlawful presence (out of status). If you are able to stay in status during all of this, you should be able to do that.

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