H1B transfer to another company as current H1B is in progress

[Tushar_Bapat]

Hi,

I have some urgent concern would appreciate if you could take your time to answer.

I was working with company A in US on H1B. I got a new job offer from company B which I accepted and also I joined this new company B.Now since the company B is doing my H1B through normal processing (not premium), it will take 2-3 months for the complete H1B transfer to be over. The H1B transfer submission receipt is received though. I have just joined this company B.

Now I have got a better offer from another company C. The company is willing to do my H1B transfer.

Question 1)

So my question is that considering the existing scenario, can I still get my H1B transferred to the company C as I am keen to ultimately join the company C? I know similar questions have been answered already and that one can do as many H1B transfer as possible and join one of these companies. But my situation is different because I have already joined the company B and through it my H1B transfer is already in progress.

Question 2)

If I ask the new company C to do my H1B transfer through premium processing, will it make situation any better? Because in this case possible the H1B Transfer with C will be completed while the H1B Transfer with B is still in progress (because of normal processing).

Waiting for your answers,

Thanks,

Tushar Bapat

[pontevecchio]

If leaving and coming back with the H1 visa, existing or a new one if you do not have a facially valid H1 visa at that time is an option then do that.

[Tushar_Bapat]

Leaving the country is out of question in this case. My Visa / I-94 is not going to expire any time soon. Also I have no plans to go out of US at this stage. My original petition with company A is still valid but I have left the company A. The petition with company B, the one that I have joined is going on through company B by normal processing and I want to transfer (it's matter of definition whether we call it transfer or new petition) H1B to new company C while all this is happening. I can request the new company C to do my H1B transfer through premium processing. So will there be any problem considering this?

[pontevecchio]

You don't get it. If the transfer to C results in an approved H1 petition without I94 for whatever reason just leave and come back on your EXISTING H1 visa and join C.

1. If the I94 from A will be still valid when the H1 petition from C is approved, you will get an I94 with that approval.

2. If the I94 from A has expired they will only approve the petition from C with an I94 after the petition from B is approved

3. Nothing called a transfer. Subject to 6 years you can find new employers and every job change entails a new H1 petition but not subject to the cap.

[Tushar_Bapat]

I see. My I-94 from A is valid for one more year. My H1B Visa from A is also valid for one more year. So let me ask you specific questions on the two points you mentioned:-

>> 1. If the I94 from A will be still valid when the H1 petition from C is approved, you will get an I94 with that approval.

Ok I got you -- you mean that in my case, when the H1 petition from C is approved, I will get a new I94 with that approval. So in that case can I just join the company C and continue working in the US or I have to leave US and re-enter? Your answer implies that I can continue working in US by joining C without leaving the company, but just confirming.

One minor point -- does USCIS take such cases in negative light where an employee is switching to within a month and couple of H1B petition applications from different companies going on for him at the same time? I mean does it increase chance of H1B petition getting rejected?

Thanks,

Tushar

[Tushar_Bapat]

correcting the typo..

>> 1. If the I94 from A will be still valid when the H1 petition from C is approved, you will get an I94 with that approval.

Ok I got you -- you mean that in my case, when the H1 petition from C is approved, I will get a new I94 with that approval. So in that case can I just join the company C and continue working in the US or I have to leave US and re-enter? Your answer implies that I can continue working in US by joining C without leaving the country, but just confirming.

[pontevecchio]

1. Yes.

I suspect they do not have any right to stop a job change whenever. It is a free country. Its all based on credibility. If the company making most microprocessors sponsors your H1 you have no problems. Likewise for Windows if you get my drift. Multiple job changes are not their domain though this may not be too good for your career if you do it too often and too frequently.

[vincentanand]

correcting the typo..

>> 1. If the I94 from A will be still valid when the H1 petition from C is approved, you will get an I94 with that approval.

Ok I got you -- you mean that in my case, when the H1 petition from C is approved, I will get a new I94 with that approval. So in that case can I just join the company C and continue working in the US or I have to leave US and re-enter? Your answer implies that I can continue working in US by joining C without leaving the country, but just confirming.

Did you get your H1B approved for C? Did you face any issues?

Can you please share your experience?

[dealsvijay2013]

Hi,

I have some urgent concern would appreciate if you could take your time to answer.

I was working with company A in US on H1B. But I have been moved to company B internally, where company A was subsidiary to company B. So that they have filed a COE on my H1B Visa and it was approved. I have not started my activities on my Company B visa. Now i got a new offer from company C and they are about to file my H1B transfer through premium processing. My company A visa and I-94 was valid till september.

1.) Could you clarify company C can process my H1B transfer?

2.) Whether company C has to mention the case status of company B during the filing of my H1B Visa transfer?

Waiting for your answers,

 

Thank You.

[dealsvijay2013]

Hi,

 

I have some urgent concern would appreciate if you could take your time to answer.

 

I was working with company A in US on H1B. But I have been moved to company B internally, where company A was subsidiary to company B. So that they have filed a COE on my H1B Visa and it was approved. I have not started my activities on my Company B visa. Now i got a new offer from company C and they are about to file my H1B transfer through premium processing. My company A visa and I-94 was valid till september.

 

 

1.) Could you clarify company C can process my H1B transfer?

 

2.) Whether company C has to mention the case status of company B during the filing of my H1B Visa transfer?

 

 

Waiting for your answers,

 

 

 

Thank You.