nineballs Posted August 16, 2012 Report Share Posted August 16, 2012 I am on a H4 Visa and got approved of H1 visa from 'A' in May 2012. The h1 visa is valid from Oct 1st 2012 to Sep 30th 2015. I am interested in joining another employer 'B'. 1. Can I get my H1B transferred to 'B' before it starts on Oct 1st? 2. If 'B' goes for regular processing, Can I start working for 'B' based on H1B receipt on oct 1st? 3. While the transfer is going on, If 'A' withdraws my original petition, will I be legal to work for 'B' till the time, approval for 'B' arrives? Thanks.. Link to comment
wiweq Posted August 16, 2012 Report Share Posted August 16, 2012 1. Can I get my H1B transferred to 'B' before it starts on Oct 1st? => Yes. 2. If 'B' goes for regular processing, Can I start working for 'B' based on H1B receipt on oct 1st? => No. Because your case of COS (fresh H1b), you need to wait till approval. 3. While the transfer is going on, If 'A' withdraws my original petition, will I be legal to work for 'B' till the time, approval for 'B' arrives? => You can start working with B only after approval. Link to comment
pontevecchio Posted August 16, 2012 Report Share Posted August 16, 2012 1. B can file a H1 petition for you based on the fact that you have been cap counted. Nothing gets transferred. 2. No.\ 3. You cannot work for B without approval with COS. You can start work with A and then if B files your H1 petition you can leave A and join on receipt. Why did B not file if you were interested in the first instance? Link to comment
nineballs Posted August 20, 2012 Author Report Share Posted August 20, 2012 Thanks a lot guys. This clarifies all my doubts. Thanks... Link to comment
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