H1B transfer


123whoknows

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Hi, my new employer offered me the position in July and started my visa transfer in mid-July and decided to transfer to premium processing in end of August. I was expecting to hear from USCIS for an update by mid-Sept. But there was no update from USCIS. On further checking with attorney and USCIS, it was learnt that USCIS used the check (that was sent for premium processing for my visa transfer)  for some random petition being filed by new employer. 

So now my visa is still under regular processing. I heard from the employer attorney that my new manager is getting anxious with the time it's taking to complete this paperwork and have me on-board. 

I know it's a "safe harbor" to have my visa approved before the transfer. I have never received any RFEs or declines during any of my visa applications, but there is a always a first time and times have changed now.

For argument sake, if my visa transfer gets declined after my move, what are the options to keep me in status ? I have heard that my new employer can apply for a new visa immediately, so I would not stop working and have no impact since my I-94 expires in 2020.

Looking for further recommendations and suggestions....Thanks guys!

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