Will I have any issues with my visa if the transfer was rejected? 6 Answers as of January 30, 2012

I am working with Company A on H1B visa. I have now got an offer from Company B. (i) Once the transfer is approved by USCIS then if I wish to still continue with Company A then can I continue with Company A using my current H1 (which is via Company A)? ( ii) Once the transfer is approved by USCIS then if I wish to still continue with Company A, then later on during extension of the H1 will Company A come to know that there had been an H1 transfer request? (iii) If the transfer request from Company B gets rejected by USCIS, then will my current H1 with Company A be also invalid? Or can I still continue to work with Company A using my current H1? (iv) In case the transfer is rejected and I continue with Company A then later when I file for an extension will there be any issue because of this transfer rejection?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
The H-1 visa is employer-specific. That is to say that you can only work for the employer that got you the visa until you transfer to another employer, which transfer will only allow you to work for the new employer. If your transfer is rejected, then you revert back to the status that you had before, that is with the first employer IF and ONLY IF the position is still extended to you. The H-1 is not yours to do as you wish, it takes two to tango every time. Good luck!
Answer Applies to: California
Replied: 1/30/2012
Wildes & Weinberg, P.C. | Leon Wildes
When you ask to change to Co. B from Co. A you must specify if this replaces A or whether you want to work for both for any percentage of the work day so that you are not left in a confused state , as iou apparently are. Be specific when you file the application.
Answer Applies to: New York
Replied: 1/30/2012
Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
It is possible to have 2 H-1B's with 2 different companies. However, you cannot file 1 H-1B and expect to work at both companies.
Answer Applies to: California
Replied: 1/30/2012
Baughman & Wang
Baughman & Wang | Justin X. Wang
You can continue working for company A if company A does not withdraw your h1 petition. It is unlikely company A would know this transfer application. Your current h1 will still be valid and you can continue working for company A unless this approval is withdrawn by the employer.
Answer Applies to: California
Replied: 1/27/2012
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You should make up your mind about where you wish to work before filing any transfer request. It is your best interest to make a firm decision before filing to avoid any of the issues you have stated.
Answer Applies to: New York
Replied: 1/27/2012
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