H1B Transfer


subh123

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Please help me understand the H1B transfer process.

I am currently working with Company-A and got an offer from Company-B.

Company-B started the process for applying for my H1B transfer.

1. 1st they applied for LCA and have got it approved.

2. Now they are going to file for the H1B transfer (if that is the right terminology) under premium processing.

- This they say will take 15 days max to get a reply/approval unless there is an RFE.

- Company B says I can join them as soon as they get the receipt no. for the petition from USCIS (which they say will be within a day or two).

Now my qus are:

1. Can I indeed start working for Company-B the day after they get the receipt no. for the filed H1B transfer application ?

2. Does a receipt no from USCIS means H1B transfer approved or that I will definitely receive the new I-797.

3. What happens if teh USCIS asks for "Request for Evidence" i.e RFE ?

- Will I still remain in status if I had quit company-A by then and am working for company-B at that time and also the H1B from company-A has been revoked ?

- Once I resign from company-A, I have no control how long before they will revoke the H1B I have with them.

4. lastly how long will it take approx to receive the receipt no from USCIS (under premium processing) in July,2012.

and should I resign company-A and join company-B once they get the receipt no. ?

Thanks,

subh123

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1. you can start the work with company B once you get receipt number. (To be safe wait for decision)

2. No

3. Yes you are in good status. If your h1b transfer denied & company A has revoked your visa then I think your are out of status. that's y I suggest you wait for decision then resign from company A.

4. 3-4 days & you will get RFE or Decision withing 15 days.

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