H1B Transfer

[vijaypotdar]

I am currently working for xyz company on H1B which started from October 2016.

I got a full time offer from abc company and they have filed for H1B transfer petition and it got approved within 3 days (premium processing). The problem here is the starting validity date is november 2017. I am failing to understand that whether its a new employer's mistake or USCIS misprint on dates or the decision is as such. If H1B transfer gets approved it should start immediately. Isn't it? Whatever could be the reason in this case, What will happen to my present status is it with the current employer or the new employer who applied for transfer. Who hold my visa now?

[cosmicpanda]

Whilst it is common for us to use the term H1B transfer, nothing really gets transferred from one employer to another. What you have now is a new approved petition to work for employer ABC from November 2017.  In so far as you to your current status, you can continue to work for XYZ until such a time you have a valid visa.

If I were you I would sit together with the attorney who helped process the paperwork for employer ABC, go through the paperwork you submitted very carefully and discuss options for an appeal. 

[Reddi]

that is the mistake that USCIS did. Call to customer care and inform they will correct it and send it again.

[Pathy]

Please check the LCA or Form I-129(Petition for a Nonimmigrant Worker) on the dates requested in case you have it handy. Otherwise check with your company (abc) about the dates they asked for.

As long as you are getting paid for a company (and your I-94 is valid) your H1B is sponsored by that company. Just your H1B is approved with another company doesn’t mean your Visa status is been changed/transferred.

The content above are for Informational purposes only and not for any form of legal advice.