H1 Transfer to Client


Ask@Murthy

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Hi,

I work for employer A for a client C on H1B. This client C has given me a full time offer and I have convinced my employer A to join client C. Here is the thing.

My current H1 petition with employer A expires on 10/16/2017. 6 years on my H1 will be completed by then and I have approved I140 from employer A and he wont revoke it. So, once my H1 transfer is filed by client C on regular processing and after I started working for the client C on receipt notice,

a. What happens if my H1 transfer approval goes beyond 10/16?

b. What happens if transfer get denied after 10/16 and will I go out of status? If yes, what is the safe bet?

c. Is it safe to work for the client C on receipt notice or wait until I get H1 transfer approved?

I am worried about the worst case scenario mentioned in point b above.

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a. What happens if my H1 transfer approval goes beyond 10/16? Nothing, you continue working on receipt no. I assume you will be asking for a 3 yr extension based on 140 isnt it?

b. What happens if transfer get denied after 10/16 and will I go out of status? If yes, what is the safe bet? You will then have 60 days to find a new employer using your 140.

c. Is it safe to work for the client C on receipt notice or wait until I get H1 transfer approved? Ideally best to wait but its upto you really  if you are willing to take the risk of finding a new employer in case of denial. If C is an established and stable company, should be safe.

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24 minutes ago, zoomzipper said:

a. What happens if my H1 transfer approval goes beyond 10/16? Nothing, you continue working on receipt no. I assume you will be asking for a 3 yr extension based on 140 isnt it?

b. What happens if transfer get denied after 10/16 and will I go out of status? If yes, what is the safe bet? You will then have 60 days to find a new employer using your 140.

c. Is it safe to work for the client C on receipt notice or wait until I get H1 transfer approved? Ideally best to wait but its upto you really  if you are willing to take the risk of finding a new employer in case of denial. If C is an established and stable company, should be safe.

If denied, I wont have any valid approved petition after 10/16, so, will I still have 60 days grace period to find an employer without any valid petition?

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