H1B Transfer, when amendment is in progress

[Naghul Vaibhav]

H1B Transfer, when H1B amendment is in process

Hi All,

Right now, I am in USA and my current petition is getting expired by Jan 2019.

My project is moving from Location ‘X’  to Location ‘Y’ and my amendment is pending with USCIS, which is filed by employer ‘A’. With the amendment receipt in hand ( Not approval notice, Just a receipt). I am moving to Location ‘Y’.

Right now, I have offer from employer ‘B’ and planning to Initiate the H1 transfer. Though employer ‘B’ promises me, there is no Issues in Initiating H1 transfer, when H1 amendment is in process.

But still, I have lot of questions in my mind. Can you please help me to get it clarified. Thanks in advance.

Questions

1)     What happens to h1 transfer petition. If my amendment is denied ?

2)     What happens to h1 transfer petition. If my amendment is approved?

3)     What happens to h1 transfer petition. If my amendment goes to RFE?

4)     What happens to h1 transfer petition. If my employer  ‘A’ withdraws my current H1 ( Which is valid till 2019 in Location ‘X’?

 

[Vikash]

This is not a legal advice but from my real life experiences. Please do consult an attorney.

When an H1 transfer petition is filed, you must be maintaining the status in your current H1B. Since your H1B amendement is still pending, it in no way affects your status. You have been maintaining it and getting paid regularly.

Your new employer can file the H1 transfer with no hurdles. And as soon as it is filed you can start working. 

Now when you start working for the new employer, you dont have to worry at all about the current H1 amendment, because your current employer will notify USCIS for the withdrawal and your amendment will no longer be valid after that.

Summarizing all the answers:

1. What happens to h1 transfer petition. If my amendment is denied ? As soon as your new H1 transfer petition is filed and you start working, the amendment petition for the previous H1b doen't matter. It will be withdrawn from your current employer.

2. What happens to h1 transfer petition. If my amendment is approved? Same as 1

3. What happens to h1 transfer petition. If my amendment goes to RFE? Same as 1

4. What happens to h1 transfer petition. If my employer  ‘A’ withdraws my current H1 ( Which is valid till 2019 in Location ‘X’? Same as 1.