H1 transfer questions

[wert]

I joined a well known company and was placed in a client project. They did my H1 regular transfer. It is been pending ever since.

 

Now my client is interested in me and they're going to process H1 premium transfer.  I have two questions. Can any one help answering?

 

1.Can I use the H1b receipt of my current employer to file H1b premium transfer with my current client?

2.Once premium docs are sent, Can I ask my current employer to withdraw his H1 petition and I will still be in status?

 

[omshiv]

I believe both options are possible.

[rahul412]

I joined a well known company and was placed in a client project. They did my H1 regular transfer. It is been pending ever since.

 

Now my client is interested in me and they're going to process H1 premium transfer.  I have two questions. Can any one help answering?

 

1.Can I use the H1b receipt of my current employer to file H1b premium transfer with my current client?

2.Once premium docs are sent, Can I ask my current employer to withdraw his H1 petition and I will still be in status?

Yes

Yes.

[pontevecchio]

When did your I94 expire?

[wert]

Thanks guys .

 

I dont have I94. Like I said above my current employer filed H1b and it is still pending. I started working at my client once receipt is sent.

 

The client letter that was submitted to usicis says project ends October 31st.

 

Now that my client is working on H1 transfer, I am concerned about the government shutdown. Does USCIS will accept my H1b transfer packet before 31st?

[jairichi]

Thanks guys .

 

I dont have I94. Like I said above my current employer filed H1b and it is still pending. I started working at my client once receipt is sent.

 

The client letter that was submitted to usicis says project ends October 31st.

 

Now that my client is working on H1 transfer, I am concerned about the government shutdown. Does USCIS will accept my H1b transfer packet before 31st?

How is it possible for you not to have an I94 if you are in US?

[rahul412]

Thanks guys .

 

I dont have I94. Like I said above my current employer filed H1b and it is still pending. I started working at my client once receipt is sent.

 

The client letter that was submitted to usicis says project ends October 31st.

 

Now that my client is working on H1 transfer, I am concerned about the government shutdown. Does USCIS will accept my H1b transfer packet before 31st?

No, you should have a I94. What is your current status?? When did you last time entered into US??

[JoeF]

Thanks guys .

 

I dont have I94. Like I said above my current employer filed H1b and it is still pending. I started working at my client once receipt is sent.

 

The client letter that was submitted to usicis says project ends October 31st.

 

Now that my client is working on H1 transfer, I am concerned about the government shutdown. Does USCIS will accept my H1b transfer packet before 31st?

How did you enter the US???

An I-94 shows your current status, and the status expiration.

If you don't have an I-94, you are illegal.

[wert]

Relax guys. I was working with Employer A under H1B(Yes with I94 which expires 2015) then joined my current employer B and was placed in his client. B sent H1b transfer docs to USCIS . Later A sent some cancellation docs to USCIS.

 

B's H1 application is still pending and I started working with them once I received receipt. 

 

So I am in status. correct?

[jairichi]

Relax guys. I was working with Employer A under H1B(Yes with I94 which expires 2015) then joined my current employer B and was placed in his client. B sent H1b transfer docs to USCIS . Later A sent some cancellation docs to USCIS.

 

B's H1 application is still pending and I started working with them once I received receipt. 

 

So I am in status. correct?

As long as a decision is pending with USCIS you are in status.

[omshiv]

Relax guys. I was working with Employer A under H1B(Yes with I94 which expires 2015) then joined my current employer B and was placed in his client. B sent H1b transfer docs to USCIS . Later A sent some cancellation docs to USCIS.

 

B's H1 application is still pending and I started working with them once I received receipt. 

 

So I am in status. correct?

 

Yes you are in Status...but what will happen if (God Forbid) Company B's H1 transfer gets denied? You'll be in trouble.

 

That's why its always a good idea to join the new employer only after the H1 approval and not when you get the receipt.

[rahul412]

Relax guys. I was working with Employer A under H1B(Yes with I94 which expires 2015) then joined my current employer B and was placed in his client. B sent H1b transfer docs to USCIS . Later A sent some cancellation docs to USCIS.

 

B's H1 application is still pending and I started working with them once I received receipt. 

 

So I am in status. correct?

So you have I94 which expires in 2015.

If a person doesn't have or invalid I94, then he/she will be considered illegal.

[pontevecchio]

Why would you say you have no I94? LCA'S are not being approved now. Hence you need to relax until the shutdown is over.

[wert]

I am sorry. I try to mean I don't have I94 from my recent H1b transfer for my current employer which is pending.

[wert]

So you have I94 which expires in 2015.

If a person doesn't have or invalid I94, then he/she will be considered illegal.

 

Thank you for clearing this. I had H1b approved with Employer A and I94 which expires 2015.After I moved to B they sent cancellation docs to USCIS. So I was under impression that original i94 do not applicable to me anymore.

[wert]

update- I received RFE for my B's H1 petition. original B's  H1 ends Oct 31 and I am supposed to join C first week of Nov. C is willing to file new H1 as Bridge petition but suggesting to upgrade premium for B1's H1.

 

Looks I cant quit B unless it is approved and then C could have approval since it is a bridge petition? Other work around is I have to leave country and come back with C's H1 petition.

 

Any suggestions/ ideas for me?

[pontevecchio]

Join C after H1 petition approval either with transfer or coming back with a H1 visa after H1 petition approval. LCA's are not being delat with during the shutdown. Hence stay with A till a better time.

[wert]

Join C after H1 petition approval either with transfer or coming back with a H1 visa after H1 petition approval. LCA's are not being delat with during the shutdown. Hence stay with A till a better time.

 

Thanks. This is what I have in mind. 

Resign from B (H1 RFE and still pending) and leave the country. C's will file premium with consulate processing. I am hoping C 's H1 will be approved before I leave the country.Get visa stamp with C and enter with new i94.

 

When I go for stamping I will not have H1b approval for B. Do you see any issues here ?