H1B Change of Employer Petitions

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions about H1B change of employer petitions. 

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1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

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3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

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[sand13333]

Hi,

Can you join a employer on receipt and then leave before h1 transfer is approved and join another company?

I’m with emp A. But have offer with B and C. 
Both B and C are applying for transfer using documents from A. But I want join B for a month on receipt and then join C. Will there be a issue if I do this?

[User099]

Hi,

I just have a scenario and wanted to get your opinion on it.

An employee working for Company A with petition that's valid from 10/1/2018 to 9/30/2021 decides to transfer to Company B on 4/1/2019 on a receipt notice. If the Company B's petition is denied after 6 months (say 9/1/2019) of processing. Can the employee go back to work for Company A if the Company A's original petition is not revoked.

Thanks.

[BobbyMP]

Hello, 

I would like to know the possibility of re-using H1 B petition which was approved/granted to me in 2004 by my Ex- Employer. I have used it for approximately 1.5 years during 2004-20067. So, technically 4.5 years is available balance (out of 6 years of H 1B ). I do have the receipt number with me.  Please advise me the steps that I need to take - to transfer my status back to H1 through another employer. 

[Attorney_23]

On 11/29/2019 at 10:31 AM, sand13333 said:

Hi,

Can you join a employer on receipt and then leave before h1 transfer is approved and join another company?

I’m with emp A. But have offer with B and C. 
Both B and C are applying for transfer using documents from A. But I want join B for a month on receipt and then join C. Will there be a issue if I do this?

Generally speaking, it is possible to move to employer C while a petition to change to employer B is still pending. But, if one's I-94 has expired, this can create bridging issues.. In that scenario, you may want to first schedule a consultation with an attorney to discuss the matter.

[Attorney_23]

On 12/2/2019 at 11:30 PM, User099 said:

Hi,

I just have a scenario and wanted to get your opinion on it.

An employee working for Company A with petition that's valid from 10/1/2018 to 9/30/2021 decides to transfer to Company B on 4/1/2019 on a receipt notice. If the Company B's petition is denied after 6 months (say 9/1/2019) of processing. Can the employee go back to work for Company A if the Company A's original petition is not revoked.

Thanks.

Yes, that generally would be possible.

[User099]

4 hours ago, Attorney_23 said:

Yes, that generally would be possible.

Thanks!

[SEN_11]

Hi,

I landed in the USA on Feb 1st, 2015 through Employer A. On June 15^th, 2015 I quit the job from Employer A and joined immediately in Employer B. My first H1B Extension got approved till Jan 31st, 2021 with i94 with Employer B. On Nov 26^th, 2018 I transferred to another company Employer C (Current Employer) where I submitted my H1B Transfer. Immediately, Employer B revoked my previously approved H1B extension. My H1B Transfer with the current employer is now denied on Dec 2nd, 2019.

Questions:

1.      After my H1B transfer denial, how long can I stay in the US, Am I eligible for the 60 day grace period? Or any other grace time to exit out of the country?

2.      When are my ‘out-of-status’ starts, from denial date or after any grace period?

3.      Recently I got a job in another company Employer D, now can I submit an H1B extension or Transfer with this new Employer being in the United States. Can I continue to stay in the US or should my new employer can apply only when I move out of the country?

4.      If I can stay in the US for 60 days and once the H1B with my new employer is also approved, can I get a Canada visa and go there and get the H1B stamping done.

5.      After I get my H1B receipt number, can I start to work with my new employer? If yes, is stamping Mandatory after my petition approved?

6.      My previous employer revoked my H1B extension as soon as I transferred to my current employer. Now as my current H1B transfer has denied, is that the previously approved I94 still valid or it's expired?

7.      My spouse is employed in the US with a valid H1B visa, can I continue to stay in the US and apply dependent visa ‘I-539’ immediately. Or should I move out of the country?

8.      Can I continue to stay in the US with my H4 receipt?

9.      Has my current H1B Transfer petition is denied, can I apply for Canada visa and get H4 stamping done.

10.   After I get my H4 dependent visa, can I immediately apply for an H1B extension with a new employer?

Edited December 9, 2019 by SEN_11

[Attorney_22]

On 12/8/2019 at 10:11 PM, SEN_11 said:

Hi,

I landed in the USA on Feb 1st, 2015 through Employer A. On June 15^th, 2015 I quit the job from Employer A and joined immediately in Employer B. My first H1B Extension got approved till Jan 31st, 2021 with i94 with Employer B. On Nov 26^th, 2018 I transferred to another company Employer C (Current Employer) where I submitted my H1B Transfer. Immediately, Employer B revoked my previously approved H1B extension. My H1B Transfer with the current employer is now denied on Dec 2nd, 2019.

Questions:

1.      After my H1B transfer denial, how long can I stay in the US, Am I eligible for the 60 day grace period? Or any other grace time to exit out of the country?

2.      When are my ‘out-of-status’ starts, from denial date or after any grace period?

3.      Recently I got a job in another company Employer D, now can I submit an H1B extension or Transfer with this new Employer being in the United States. Can I continue to stay in the US or should my new employer can apply only when I move out of the country?

4.      If I can stay in the US for 60 days and once the H1B with my new employer is also approved, can I get a Canada visa and go there and get the H1B stamping done.

5.      After I get my H1B receipt number, can I start to work with my new employer? If yes, is stamping Mandatory after my petition approved?

6.      My previous employer revoked my H1B extension as soon as I transferred to my current employer. Now as my current H1B transfer has denied, is that the previously approved I94 still valid or it's expired?

7.      My spouse is employed in the US with a valid H1B visa, can I continue to stay in the US and apply dependent visa ‘I-539’ immediately. Or should I move out of the country?

8.      Can I continue to stay in the US with my H4 receipt?

9.      Has my current H1B Transfer petition is denied, can I apply for Canada visa and get H4 stamping done.

10.   After I get my H4 dependent visa, can I immediately apply for an H1B extension with a new employer?

Generally, you should be able to use the H1B grace period, however due to the specific and personal nature of your questions and situation, you should call our office to speak with one of our attorneys regarding this matter. 

[Ravi Varma]

 As i came to USA on f1 and completed my MS in 2008 and after that on h1b visa from 2009 till now with approved i-140 with priority date 8 dec. 2010. From 2009 till july 2019 i worked for only one company Z. I have valid i-94 till july 2022.

Now Company A(local cunsultant) applied my h1b transfer for client X on 16th july 2019 in normal processing and still waiting for USCIS reply as its showing processing. I already started working from 16th july as its receipt date.

 In above job there are 2 layers  

Company A-> Company B-> Company C ( implementation partner) -> Client X.

 Now Company C( Implementation partner) also wants to transfer my H1b for the same Client X. 

 Note :- As i am already working for client X through Company A since July 16 2019.

 Reason for change:-

 1st.  

Company C is offering more than 1 and 1/2 time salary what i am receiving from company A currently.

 2nd.

Company C is very-very big consultant company of India compare to company A.

 3rd. 

No more layers between company C and client X. 

 Question:-

 Should i wait for USCIS decision for Company A ,before initiating the transfer process from Company C for the same client X?

 Can i tell Company C to initiate my transfer while working for Company A for the same Client X. (If yes then it should be in premium processing or normal)?

 When should i start working for Company C on their payroll for Client X ? ( from receipt date or from approval date).

 

[Sri1012]

My current I94 with company A, expires Jan 18, 2020. There is a pending visa extension (regular processing) with company A. But, my visa transfer with Company B is approved starting Sep 18th 2019 and valid for 3 years. I am planning to join company B by Jan 20, 2020. Is this a problem? I have seen some post about visa bridging risk, etc., is it a problem, if I join after my current I-94 expiry? Please advise

[Attorney_22]

On 12/25/2019 at 1:40 PM, Sri1012 said:

My current I94 with company A, expires Jan 18, 2020. There is a pending visa extension (regular processing) with company A. But, my visa transfer with Company B is approved starting Sep 18th 2019 and valid for 3 years. I am planning to join company B by Jan 20, 2020. Is this a problem? I have seen some post about visa bridging risk, etc., is it a problem, if I join after my current I-94 expiry? Please advise

Bridging does not sound applicable to the situation you mention above. 

[SRK_003]

Hi,

 

I am on a 60 day grace period at the moment that ends on Jan 22nd 2020. My new employer is about to file my H1B petition this week but they want me to join them only after the H1B is approved. My question is :

1. Within the 60 days, if my new H1B petition is filed, am I allowed to stay in the US legally? Or should I leave the country before they file the petition and re-enter after approval and visa stamping? 

 

Please advice and I will take a decision accordingly.

 

[Attorney_22]

On 12/20/2019 at 7:47 AM, Ravi Varma said:

 As i came to USA on f1 and completed my MS in 2008 and after that on h1b visa from 2009 till now with approved i-140 with priority date 8 dec. 2010. From 2009 till july 2019 i worked for only one company Z. I have valid i-94 till july 2022.

Now Company A(local cunsultant) applied my h1b transfer for client X on 16th july 2019 in normal processing and still waiting for USCIS reply as its showing processing. I already started working from 16th july as its receipt date.

 In above job there are 2 layers  

Company A-> Company B-> Company C ( implementation partner) -> Client X.

 Now Company C( Implementation partner) also wants to transfer my H1b for the same Client X. 

 Note :- As i am already working for client X through Company A since July 16 2019.

 Reason for change:-

 1st.  

Company C is offering more than 1 and 1/2 time salary what i am receiving from company A currently.

 2nd.

Company C is very-very big consultant company of India compare to company A.

 3rd. 

No more layers between company C and client X. 

 Question:-

 Should i wait for USCIS decision for Company A ,before initiating the transfer process from Company C for the same client X?

 Can i tell Company C to initiate my transfer while working for Company A for the same Client X. (If yes then it should be in premium processing or normal)?

 When should i start working for Company C on their payroll for Client X ? ( from receipt date or from approval date).

 

The guidance you are requesting is specific to your circumstances, and there are aspects that require discussion. Accordingly, it is advisable to speak over the phone with one of our attorneys. 

[Venkat Durga]

Hi Sir,

i am working for Company A, Current employer don't have projects so they asked me to leave Company A. I got offer from Company B (Consultancy) as join with Receipt notice. i was joined 2 days back. now i got full time Opportunity with Compnay C. can they initiate H1B Transfer with Approved petiton from Company A and i was Joined in Company B with receipt notice ?

Please help me and suggest.

Thanks,

VENKAT

[khan69]

I am on a 60 day grace period at the moment that ends on Jan 22nd, 2020. My new employer is about to file my H1B petition this week but they want me to join them only after the H1B is approved. 

[AJIT MITTAL]

I was working with Employer A and my H1B was approved till Aug 2021( October 2108 till August 2021).  I just got a new job with Employer B who got sponsored my H1B and it has been approved with new validity as January 2023 ( January 2020 till January 2023)

 

I wish to know that will I be eligible for 3 years extension after January 2023 or how would a 6 year period be counted.

 

[AJIT MITTAL]

I was working with Employer A and my H1B was approved till Aug 2021( October 2108 till August 2021).  I just got a new job with Employer B who got sponsored my H1B and it has been approved with new validity as January 2023 ( January 2020 till January 2023)

 

I wish to know that will I be eligible for 3 years extension after January 2023 or how would a 6 year period be counted.

[FYIVYP]

Trying to understand effect of Executive order issued on 6/22/2020, Monday - restricting H1b's etc.

Can a person who is physically present in US file an H1-B visa transfer ?

I am on H4 visa and physically present in US and my spouse is on H1-B. I was earlier on H1-B and have a approved I-140 based on past H1B since 2009. 

Will this executive order restrict any employer's ability o file an H1-B visa from my current H4 ? (I obviously dont fall under cap).

Thanks

 

 

Edited June 22, 2020 by FYIVYP

[FYIVYP]

Trying to understand effect of Executive order issued on 6/22/2020, Monday - restricting H1b's etc.

Can a person who is physically present in US file an H1-B visa transfer ?

I am on H4 visa and physically present in US and my spouse is on H1-B. I was earlier on H1-B and have a approved I-140 based on past H1B since 2009. 

Will this executive order restrict any employer's ability o file an H1-B visa from my current H4 ? (I obviously dont fall under cap).

Thanks