H1B Transfer before Oct 1st

[Varma8989]

Hi,

 

I am working for Employer A on OPT(valid until Nov 2015) and got my H1B from Employer A. Now that I got a better opportunity with Employer B, I'm about to start working with Employer B on my OPT. Employer B informed me that they will file my H1B transfer in as soon as I start working with them.

 

Now my questions are:

 

1. What are the possible chances that my H1B transfer petition gets approved? Any successful cases like this in this year?

 

2. What if Employer A revokes my H1B and Employer B petition gets approved.

 

3. Can Employer B file for H1B transfer on Oct 1st provided that Employer A doesn't revoke my petition until then (In this case, I can't provide pay slips from Employer A to transfer my H1B to Employer B on Oct 1st as I am gonna start working with Employer B very soon - Is it valid?)

 

Also please respond if any one has successfully transferred their H1B before start date.

 

Thanks in advance.....

[jairichi]

1. If a H1B transfer is filed before Oct 1st it will be denied and approved petition will be revoked. You need to go under cap again next year.

2. Same as 1.

3. Yes, it is fine to do so.

[JoeF]

A transfer before Oct. 1 is not possible. The H1 would become invalid, and you would have to go through the quota again.

On Oct. 1, you have to start working for company A.

[rahul412]

No H1 transfer before Oct 1st, new H1 cannot be filed without working for your initial H1 sponsoring employer.

[Varma8989]

Thanks for your replies,

 

Employer B told me that he's gonna file a new H1B under Cap exempt based on the receipt number from Employer A before Oct 1st. Let me know if that's valid or not.

[yogeshpatil]

Hi Jairichi,

 

i have H1B approved petition from another employer which i have used to get stamp on my passport. now my current employer has offered me position that i can't refuse. they have already initiated H1 transfer through consular processing based on suggestion given by attorney as they wish to utilize the visa stamp on my passport. another option would be to go on L1 and initiate transfer to H1 after Oct 1st. Attorney however feels it will be risky as USCIS is still evolving with various options and may deny the change of status.

 

in your answer above, since you have mentioned about revokation of petition, it gets me little worried. H1b transfer denied is still acceptable as in that case i still have option to go for transfer from L1 to H1. but if petition is revoked, then there are no hopes then.

 

can you please throw more light on this?

[jairichi]

Thanks for your replies,

Employer B told me that he's gonna file a new H1B under Cap exempt based on the receipt number from Employer A before Oct 1st. Let me know if that's valid or not.

High possibility of both H1Bs to be denied in that case.

[rahul412]

Thanks for your replies,

 

Employer B told me that he's gonna file a new H1B under Cap exempt based on the receipt number from Employer A before Oct 1st. Let me know if that's valid or not.

It was valid before, I think from last its no longer an option now. H1 transfer before Oct 1st is not possible, and if you won't work for that employer then as per the rules employer is supposed to revoke the H1 so that next yr you can file new H1.

[pontevecchio]

Maybe one of you wiser folks could give me the page where it says one has to first work for the initial H1 sponsor?

[JoeF]

Thanks for your replies,

 

Employer B told me that he's gonna file a new H1B under Cap exempt based on the receipt number from Employer A before Oct 1st. Let me know if that's valid or not.

 

THat's not gonna work.

Since last year, this would result in both getting denied.

[rahul412]

It was valid before, I think from last its no longer an option now. H1 transfer before Oct 1st is not possible, and if you won't work for that employer then as per the rules employer is supposed to revoke the H1 so that next yr you can file new H1.

http://forum.murthy.com/index.php?/topic/87429-h1b-with-consultancy-or-client/

[JoeF]

Maybe one of you wiser folks could give me the page where it says one has to first work for the initial H1 sponsor?

This has been discussed to death, and links have been provided several times. I am sure you can find the posts here if you would just search (and bookmark them...)

[JoeF]

Maybe one of you wiser folks could give me the page where it says one has to first work for the initial H1 sponsor?

From the link kindly provided by Rahul:

"

If the H-1B is revoked before the beneficiary can be considered in H-1B status – i.e. before October 1 of the given year, or if they consular process, prior to the beneficiary using the petition to apply for a visa/admission, then they would not be considered counted under the cap."

In other words, translated to normal language, the person has to start working for the original employer to be in H1 status. Without that, the person would not bebe counted for the quota, and an H1 filed by another employer would have to be denied.

And please, bookmark that link...

[pontevecchio]

Thanks. You do notice the relevant site does not make any conclusions and leaves the matter open.  The situation would seem to be that one has to ask any other company to file after October,1 and if you are valuable enough they will let you serve out any notice period. A storm in a teacup. My reference to a kind soul was a polite way of asking a Murthy Lawyer to respond to make matters more clear.

[Aditi Malhotra]

Hello,

I would like to know if I have an approved petition from employer A (who has originally sponsored my visa) and then when I transfer my visa to employer B,my visa gets denied.. So in this case, will I be able to work with employer A (as i have an approved visa with employer A)??

[Varma8989]

Hello,

I would like to know if I have an approved petition from employer A (who has originally sponsored my visa) and then when I transfer my visa to employer B,my visa gets denied.. So in this case, will I be able to work with employer A (as i have an approved visa with employer A)??

I think you can work for Employer A as long as you haven't resigned with them.

 

Did you apply for transfer? Can you please share the result?

[jairichi]

Hello,

I would like to know if I have an approved petition from employer A (who has originally sponsored my visa) and then when I transfer my visa to employer B,my visa gets denied.. So in this case, will I be able to work with employer A (as i have an approved visa with employer A)??

Yes.

[Varma8989]

What is the time frame that an Employer has, to revoke their Employees H1B petition if their Employee gets transferred to another Employer.

[rahul412]

What is the time frame that an Employer has, to revoke their Employees H1B petition if their Employee gets transferred to another Employer.

Employer can do it immediately.

[jairichi]

What is the time frame that an Employer has, to revoke their Employees H1B petition if their Employee gets transferred to another Employer.

Immediately.

[JoeF]

What is the time frame that an Employer has, to revoke their Employees H1B petition if their Employee gets transferred to another Employer.

 

As soon as the employee no longer works there.

[yogeshpatil]

Senior members,

 

is the rule of applying H1B transfer after Oct1 applicable for just those who applied original H1B through COS? how about for those who applied through consular processing first time itself and now are applying for transfer through consular again?

 

Please reply.

[JoeF]

First, there is no consular processing for an H1. CP is a concept for a Greencard. Consulates don't process H1s, only USCIS does.

An H1 can be filed with consular notification, i.e., the consulate will get informed if the H1 petition has been approved by USCIS.

The person then has to get an H1 visa just like everybody else who is abroad and needs a visa to enter.

If the person hasn't gotten the visa and used it to enter the US to work for the original employer, a transfer (i.e., a new H1) is not possible. It doesn't matter if the new H1 is filed with COS or consular notification. The original H1 has to be started. Only then is a transfer possible.

[jairichi]

Senior members,

 

is the rule of applying H1B transfer after Oct1 applicable for just those who applied original H1B through COS? how about for those who applied through consular processing first time itself and now are applying for transfer through consular again?

 

Please reply.

It is the same for COS and consular processing.

[yogeshpatil]

Understood. thanks for making it clear that "transfer" or in other words "Change of employer" in I-129 form part 2 (item no 2) is possible only if one is in H1 status.

 

i am in different condition now and will ask you specific question to ease off my pressure.

 

1. i am working with Employer A. i have approved H1B petition from Employer B and have also got stamp on passport using approved petition for Employer B. now employer A has initiated H1B cap-exempt petition (premium processing) with option selected as "New employement" in I-129 part 2 (item no 2) instead of "Change of employer" since i am not in the US right now. will this petition be considered as cap-exempt?

 

2. how important is the start date (Oct 1, 2015) in this case? is it important to wait till Oct 1 in this case?

 

Thanks in advance