H1b transfer to a new employer while working on a receipt

[reddy829]

Hi,

My petition with Employer A has been approved till Apr 2018. I have worked with employer A til Nov 2017. I have got an offer from employer B (small firm with 200 employees), employer B has filed my H1b transfer and provided the receipt number. From Dec 1st 2017, i have started working with employer B. Meanwhile i have got another offer from Employer C (Top 100 fortune company) and they are filing for H1b transfer. I have the following questions, your response or suggestion on these would be appreciated.

1) While working employer B on receipt(i.e H1b transfer is yet to to be approved) , can i switch to employer C? Or do i need to wait till H1b transfer from employer B is approved?

2) In case, If H1b transfer with Employer is denied, can still switch to Employer C?

3)  If H1b transfer with Employer B is denied, can i move back to my previous  Employer A (i have the approved petition till Apr 2018) ?

4) Is it true that with in 60 days, we can move back old employer, if the previous employer has valid petition and no change in location/proj/client?

 

Thanks

Siri

 

[SambaShiva]

Did Emp B file H1B transfer in premium? If not, better upgrade to premium to avoid issues.

[Ainee]

Hi,

My spouse is facing rfe for his h1b transfer case from empA to empB. His last date is already past with empA. What are his options?

EmpB is not entertaining request to contact attorney mentioned in the LCA and the petition.

[reddy829]

@SambaShiva Thanks for the reply. yes, employer B has filed in premium.

[reddy829]

@JoeF

@shekar11#

@itsmeraj001

@kumar1128

@premkalyan521

Could you pls advise?

[premkalyan521]

On 12/23/2017 at 9:48 AM, reddy829 said:

@JoeF

@shekar11#

@itsmeraj001

@kumar1128

@premkalyan521

Could you pls advise?

I am truly honored and glad to see that you have recognized me as senior member who could adress your query. With diligence here are my responses. I am not an attorney. I am providing answers based upon my experiences.

 

1) Ans: You can switch to employer C. You will need receipt copy of Employer B. You should however understand tht the last approval will be the greatest approval that will be valid.  Say employe C's petition got approved and then Employer B petition is approved. You are technically Employed through H1 at Employer B. So it is going to take additional paper work to tell USCIS that you want to stay with Employer C.

2) Ans: Yes you can stll switch to Employer C. 

3) Ans: Yes you can move back to Employer A. provided employer A has not revoked the H1 petition.

4)Ans not sure about 60 days. but if ur previous employer has not revoked the h1 , you can go join previous employer

 

[shekar11#]

On 12/26/2017 at 3:02 PM, premkalyan521 said:

I am truly honored and glad to see that you have recognized me as senior member who could adress your query. With diligence here are my responses. I am not an attorney. I am providing answers based upon my experiences.

 

1) Ans: You can switch to employer C. You will need receipt copy of Employer B. You should however understand tht the last approval will be the greatest approval that will be valid.  Say employe C's petition got approved and then Employer B petition is approved. You are technically Employed through H1 at Employer B. So it is going to take additional paper work to tell USCIS that you want to stay with Employer C.

2) Ans: Yes you can stll switch to Employer C. 

3) Ans: Yes you can move back to Employer A. provided employer A has not revoked the H1 petition.

4)Ans not sure about 60 days. but if ur previous employer has not revoked the h1 , you can go join previous employer

 

Agree with @premkalyan521.

[reddy829]

@premkalyan521 and @shekar11# Appreciate your help. Thank you very much.