H1B Transfer Denied – Can I Stay in the US?

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Many people come to us after an H1B transfer denial. We’ve helped them re-file successfully, shift to a new employer, or even change status (such as to B2, F1, or dependent visas) while staying compliant. Every case is different, but time is critical. The sooner you act, the more options you preserve. If your H1B transfer was denied, you’re probably asking the most urgent question: Can I still stay in the United States? The answer depends on your current status, your previous approval, and how quickly you act. In this article, we break down what it means when an H1B transfer is denied, your legal options, and how to avoid unlawful presence or deportation risk.

What Happens If My H1B Transfer Is Denied?

When a H1B transfer (also called a change of employer petition) is denied by USCIS, it means that your prospective employer’s petition to hire you did not meet the eligibility criteria. Denials can occur due to:

  • Missing or weak employer-employee relationship documentation
  • Specialty occupation issues
  • Inconsistencies in the job role or salary
  • Employer’s financial or operational concerns
  • Gaps in lawful status

A denial does not necessarily cancel your prior H1B approval, but it may affect your right to stay in the US, especially if you already began working for the new employer under portability rules.

Can I Stay in the U.S. After an H1B Transfer Denial?

Whether you can stay depends on one key factor: Do you still have a valid H1B approval with a prior employer?

  1. If you were still working for your previous H1B employer at the time of denial:
    • You may remain in the US and continue working for that employer, as long as their petition remains valid.
  2. If you already left your previous employer and began working for the new one:
    • You must stop working immediately upon denial.
    • You may still be within the 60-day grace period, which allows you to stay in the US and seek another job or file a new petition.
  3. If your I-94 has expired and the denied petition included a request to extend your stay:
    • You may be considered out of status and may be required to leave the US.

What Should You Do Next?

If your H1B transfer was denied and you’re unsure about your status, call our office at 305-515-0613 or email info@messersmithlaw.com for a consultation. We’ll review your case and help you create a strategy to stay legal and move forward.

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