Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
Attorney_22

H1B Change of Employer Petitions

Recommended Posts

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

Rules for Topic of the Week Threads:

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

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

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

4. Please do not provide information which would identify any specific company, university or individual.
 

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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. 

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites

Hi,

I landed in the USA on Feb 1st, 2015 through Employer A. On June 15th, 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 26th, 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 by SEN_11

Share this post


Link to post
Share on other sites
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 15th, 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 26th, 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. 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×