H1B Transfer while in application processing(Case not yet approved)

RAMAARAVIND9211

By RAMAARAVIND9211,
in H1B : General

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Dash_8971 Member

Dash_8971

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Friends I have related question about H-1B transfer,

I am working at "University A" as J-1 scholar since June 2012 and DS2019 is valid till May 2017. I got my waiver and applied for H-1B in March 2016 and still waiting for approval (>8 months). Now, I want to move to another "University B" in January 2017. Can I transfer to new University on current J-1? OR I need to wait for H-1B approval?

Anybody applied for H-1B (normal processing) between March-May 2016 and got approval?

 

Please advise me and let me know at earliest convenience.

Many thanks

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Dash_8971 Member

Dash_8971

Posted
Posted
On 11/30/2016 at 9:28 AM, RAMAARAVIND9211 said:

My employer has applied for H1B this year in 2016 April. USCIS case status says "My case has been received". My H1B case has not yet approved by USCIS.
I have my receipt number.Is it possible to transfer my H1B application to any other new employer? Please respond back to me at the earliest.

Thanks,

Hari

 

@ Hari, Did you received any update on your approval? Have you applied for academic or industry H-1B?

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JoeF Advanced Member

JoeF

Posted
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5 hours ago, Gunvant said:

Friends I have related question about H-1B transfer,

I am working at "University A" as J-1 scholar since June 2012 and DS2019 is valid till May 2017. I got my waiver and applied for H-1B in March 2016 and still waiting for approval (>8 months). Now, I want to move to another "University B" in January 2017. Can I transfer to new University on current J-1? OR I need to wait for H-1B approval?

Anybody applied for H-1B (normal processing) between March-May 2016 and got approval?

 

Please advise me and let me know at earliest convenience.

Many thanks

 

H1s for universities are cap-exempt. University B can just file a new H1 petition.

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Dash_8971 Member

Dash_8971

Posted
Posted
On 12/5/2016 at 4:23 PM, JoeF said:

H1s for universities are cap-exempt. University B can just file a new H1 petition.

Hello JoeF, 

Thank you for reply. The University B asked me to wait for H1B approval. Once approved, they will work with Current University A for "H-1B TRANSFER". 

BTW, after 8 months of waiting, I applied for premium processing and now waiting for their receipt :( .

Do you know, they will send email or post-mail about Premium processing application receipt? It is about 3 days, we sent application.

Please let me know and thanks for helping hand. 

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JoeF Advanced Member

JoeF

Posted
Posted

An H1 transfer is just a new H1 petition. Seems like they are not really knowledgeable about these things. They can file a new H1 at any time, no need to wait for anything. They should consult with an immigration lawyer.

And if you are not going to work for university A, why would they even continue with the application?

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Dash_8971 Member

Dash_8971

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On 12/9/2016 at 4:27 PM, JoeF said:

An H1 transfer is just a new H1 petition. Seems like they are not really knowledgeable about these things. They can file a new H1 at any time, no need to wait for anything. They should consult with an immigration lawyer.

And if you are not going to work for university A, why would they even continue with the application?

Hi JoeF,

Thanks for reply. The University "B" said that they can not transfer J-1, as  I got waiver 212(e).

Here what they quote (Please follow website) https://isss.umn.edu/jscholar/JScTransfer.html ----> "If you have applied to the U.S. Department of State for a waiver of the two-year home residency requirement, and your waiver has been approved, you are not eligible to transfer."

Yes, even I am not going to work with my current University-A, they suggested that "get your H-1B approved here and then transfer to "B".

 

 

 

 

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JoeF Advanced Member

JoeF

Posted
Posted
10 hours ago, Gunvant said:

Hi JoeF,

Thanks for reply. The University "B" said that they can not transfer J-1, as  I got waiver 212(e).

Here what they quote (Please follow website) https://isss.umn.edu/jscholar/JScTransfer.html ----> "If you have applied to the U.S. Department of State for a waiver of the two-year home residency requirement, and your waiver has been approved, you are not eligible to transfer."

Yes, even I am not going to work with my current University-A, they suggested that "get your H-1B approved here and then transfer to "B".

 

 

 

 

These are J1 rules, not H1 rules. Nowhere on that page does it talk about the H1.

The university can file an H1 for you at any time, and once approved, you can start working there. There is no J1 involved at all. You just can't start there before the H1 is approved, because of the J1 rules.

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Dash_8971 Member

Dash_8971

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12 hours ago, JoeF said:

These are J1 rules, not H1 rules. Nowhere on that page does it talk about the H1.

The university can file an H1 for you at any time, and once approved, you can start working there. There is no J1 involved at all. You just can't start there before the H1 is approved, because of the J1 rules.

Thank you JoeF,

I will contact them and discuss what you suggested.

BTW, you are doing great job by helping others. Thank you, 

 

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