san4u28 Posted January 17, 2013 Report Share Posted January 17, 2013 Hi, I have my approved H1B with my current employer (working on Employer-Vendor-Client), but I am looking at an offer from a Company B(fulltime/Direct) and I have few questions 1. How long does the H1B transfer take from initiation 2. When can i start working for Company B (I want to join ASAP) 3. My Labor and I-140 are approved(140 was approved 10 months back), so how does the AC21 portability work. 4. Do i need to worry about my current employer cancelling my approved I-140. 5. Are there any precautions i need to take while moving to keep the Immigration stuff problem free. 6. My H1B is exipiring in Oct-2013 so when my new employer files for H1B transfer can they request for extension or should i be doing again around Apr-2013(within 6 months of exipring) I appreciate your feedback. Regards, San Link to comment
Attorney_10 Posted January 18, 2013 Report Share Posted January 18, 2013 Generally, a new employer can file an H1B petition to change employers at any time (not cap subject). Generally, the H1B beneficiary may use H1B portability to begin working with the new employer upon the filing of the H1B petition; however, there are risks associated with this option which should be discussed with an attorney. It generally takes between 3-5 weeks to prepare the H1B petition for filing with USCIS and may take anywhere from 15 calendar days (with premium processing) to 4 months for USCIS to adjudicate the petition. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts of your case and the best strategy for filing your change of employer petition. Link to comment
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