H1B TRANSFER

[SAI66]

Hello,

I am working for an Employer A for a Client C. I have my H1B visa approved till OCT 2022. My Client wants me to move to a different Location and i accepted. My Employer A is working on the Amendment process.Meanwhile, I have got a new offer from Employer B for the same Client and my Client accepted it. But when Employer B is seeking for a Client letter, my Client wants me to resign from Employer A before he provides a Client Letter to Employer B. Employer B wants me to resign and start working on the receipt notice after they file the petition. This leaves me a gap for more than a week in between. My concerns are

1) Is it recommended Resigning from Employer A and get a Client letter and start the process of H1-b Transfer through Employer B ? 

2) Is it recommended joining Employer B on receipt notice prior to the approval of H1-B Transfer? 

3) If i Resign from Employer A and they revoke my H1-B and if i get a denial on my H1-B Transfer, what are the left out options for me?

4) What are the best possible suggestions in this scenario?

I really appreciate any help.

[User099]

I understand your Client's position, they can't give you a letter since you don't work for Employer B at this point. Without knowing who and what type of Employers are A and B (size, reputation, nature of business), I don't think anyone can recommend any options to you. 

Joining on a receipt notice always has its risk. You should only transfer on a receipt notice when you are 100% sure that your case will be approved.

In your case, if you want to join Employer B and work for same Client then there are not many options left. You will have to take that risk of resigning from A to join B on receipt notice and have the case processed in premium processing and pray that there is not RFE. At least you will have the 60 day window as your fall back plan.

[gopalakrishnach]

1) Your personal choice. Think about whether it is worth? Is this only client you have now?

2) This is common case. Many join on receipt. It has its risk

3) New H1B applicationand get it approved or leave country. You do not have confidence on B?

4) Your personal choice...

[SAI66]

14 hours ago, User099 said:

I understand your Client's position, they can't give you a letter since you don't work for Employer B at this point. Without knowing who and what type of Employers are A and B (size, reputation, nature of business), I don't think anyone can recommend any options to you. 

Joining on a receipt notice always has its risk. You should only transfer on a receipt notice when you are 100% sure that your case will be approved.

In your case, if you want to join Employer B and work for same Client then there are not many options left. You will have to take that risk of resigning from A to join B on receipt notice and have the case processed in premium processing and pray that there is not RFE. At least you will have the 60 day window as your fall back plan.

Both A and B are well reputed companies. But B on the other had is an MNC and a very well reputed compared to Employer A.My Employer B is willing to do the premium. I understand your point of me taking the risk. But you mentioned "To pray there is no RFE". What will be the situation if i have an RFE after transferring to Employer B. Doesn't the premium process include USCIS to reply within 15 days even to any RFE submission, which will be under my 60 day window period or does the 15 day reply period only apply to the H1B transfer application? 

[User099]

4 hours ago, SAI66 said:

Both A and B are well reputed companies. But B on the other had is an MNC and a very well reputed compared to Employer A.My Employer B is willing to do the premium. I understand your point of me taking the risk. But you mentioned "To pray there is no RFE". What will be the situation if i have an RFE after transferring to Employer B. Doesn't the premium process include USCIS to reply within 15 days even to any RFE submission, which will be under my 60 day window period or does the 15 day reply period only apply to the H1B transfer application? 

Yes, USCIS will respond to the Rfes within the 15 days for premium processing cases.