H1B transfer premium processing timelines and ability to work

[jatinhpatel]

Hello,

I am currently working in Company X and got an offer recently from company Y. I would like to join Y and start my H1B transfer process. Company Y is willing to do premium processing for H1B transfer. I have following questions.

(1) How long usually it takes to do premium processing on H1B transfer?

(2) Once I have my H1B transfer, may I still work for few days in Company X (my current company) before start working for company Y ? Based on the start date I give to company Y, they might transfer my H1B earlier than my start date. So in this case I will still work in company X while my H1B is already transferred.

(3) If any of the assumption in (2) in not correct, can someone explain me typical H1B transfer scenario? Basically I want to make sure that I transfer my H1B before start working for next company and at the same time I should be able to work in my current company even though transfer is done for couple of days.

please help as this is urgently needed.

thanks for your help,

[wiweq]

You can have multiple H1bs approved at a time. You need to choose at least one H1b employer and maintain your stay. Thus, by immigration point of view, you can still work for your previous H1b employer even the new H1b is approved. Once the employee-employer relationships is established with new H1b employer, you need to maintain the H1b status with them.

PP H1b takes 15 calendar days for any result. The result may be approval, RFE or rejection. In case of RFE, the 15 days resets again once they receive the response of RFE. If they fail to response in 15 days, PP fees will be returned and case will be still taken as PP. I always suggest people to join the new employer only after H1b is approved. This makes life a way easier. You are doing right.

[jatinhpatel]

Thanks for the information:

So if in case there is a time between changing jobs which is less than a month. Would that be okey from immigration point of view ?

[jatinhpatel]

Also if you could answer this:

let's say there is a time gap between two employment. Would new employer need new H1B filing or that's still considered H1B transfer?

[wiweq]

Please make sure NOTHING is called H1b transfer. It’s always new H1b. The only difference is that, once you have counted towards cap, you won't count again for 6 years. If you are not available for work they are not obliged to pay you H1b salary. As you are already working for previous employer and not available voluntarily for another employment, no problem if you join another H1b approved employer even after 1 year of H1b approval. This is okay as per immigration POV.

[bmehndiratta]

Hi, Would you please let me know how long it took you to get a receipt notice? Or overall processing time? I have filed my application today and want to know how long will it take for

1. To get receipt notice

2. To get final I 797.

Thanks

[h1btransferquery]

Hi,

I am currently working with company A and got an offer from company B. Company B already started h1b transfer and its in RFE status. I have to serve 3 months notice period as per the company policy.

Now my question is:

Can i still work for company A even though h1b transfer approved for company B and i will be joining company B once i completed my notice period ?

I was googling at various websites and most of them are saying that i can join company B after approval. Its not necessary that just after getting approval.

But at few of the website they are saying that as soon as i get approval i can not work for company A. I will have to join and work for company B.

Please advise.