H1B transfers to a new company


tomsawyer88

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Posted

This is a follow up question to my previous one , but wanted to start a new thread for this.

I am moving from company A to company B for which the H1B visa transfer has started, Once approved, I plan on joining company B.

In the meantime , I have an interview with Company C and if all goes well, I would want to join Company C for which the H1B would again need to be transferred from B to C . Is there an issue with the H1B being transferred this quickly from A->B and then to C within two to three months . Is there any legal stipulation that once the H1B is transferred, the employee must remain in the new company for X number of days?

Disclaimer : I understand that ethically I shouldn't be leaving company B this quick but my situation is not conducive to making such choices right now. 

 

 

 

Posted

"transfer" in the context of H1 is a misnomer. If you have time left on your initial 6 years and you are working for say A, then B,C,D etc. can all file and get a H1 petition approved and you can join any on approval. It is not a transfer from your previous company.

Posted

An H1 transfer is really just a normal H1 petition. The only thing that is different is that you can work for the new employer while the new H1 petition is still pending, but then you risk being out of status if the new H1 gets denied.

 

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