H1B Transfer from USA

[srinivas1416]

Hi Experts,

My H1 was applied last year at that i was in India and in it’s processing time i moved to US on H4. My H1 got RFE and employer responded to RFE along with submitted documents for COS(H4 to H1). But only my H1 got approved and I797 didn’t have new I-94.

I don’t want to go to India for stamping then again my employer applied for COS and it is processing.

1). Currently i am in US and in this COS processing time can i transfer my H1(with approved I797) to new employer?. Is there any chances to transfer/file a cap exemption to my H1.

2). Do we have premium processing for COS(H4->H1)?.

3). Currenly my emploer filed for COS petetion and it is process. In this processing time shall i transfer(i am in US and i don't have SSN and paystubs) my h1b to other employer in permium processing along with COS. Is there any issue if two applications parlally for COS?.

Thanks in advance.

[Attorney_11]

An H-4 to H-1B change of status application can be premium processed. An individual is permitted to be the beneficiary of two H-1B petitions simultaneously. It may be, under certain conditions, possible to change status from H-4 to H-1B without cap considerations and directly to a new employer. It may be helpful to seek the counsel of a qualified immigration attorney.

[srinivas1416]

Thanks for the quick reply. I have one question.

1). Currently my emploer filed for COS petetion and it is process. In this processing time shall i transfer(i am in US and i don't have SSN and paystubs) my h1b to other employer in permium processing along with COS.

Is there any issue if two applications parlally for COS?. One is with current employer and one with new employer under premium processing.

Thanks in advance.

[srinivas1416]

Thanks for the quick reply.

1). Currenly my emploer filed for COS petetion and it is process. In this processing time shall i transfer(i am in US and i don't have SSN and paystubs) my h1b to other employer in permium processing along with COS. Is there any issue if two applications parlally for COS?.

Is there any issue if we have two COS applications in process?. One is in normal processing with current employer and another one with new employer in premium processing?.

[srinivas1416]

Thanks for the quick reply.

1). Currenly my emploer filed for COS petetion and it is process. In this processing time shall i transfer(i am in US and i don't have SSN and paystubs) my h1b to other employer in permium processing along with COS. Is there any issue if two applications parlally for COS?.

Is there any issue if we have two COS applications in process?. One is in normal processing with current employer and another one with new employer in premium processing?.

[t75]

Figure out which company you want to work for. You may have contractual obligations you will be unable to fulfill.

[srinivas1416]

With out contratual obligations. Legaly is it possible(Is there any issue if we have two COS applications in process?. One is in normal processing with current employer and another one with new employer in premium processing)?.

[t75]

Sure. You can have 2 in processing, but are you willin g to get a bad recommendation or a lawsuit when you do not join?

[srinivas1416]

Thanks for your response. If i get change of status approval with new employer i am ready to join in that company..... If i join in new comapny then there will be no issues rite.

Is there any chance that current employer will know the new empolyer transfer and COS?.

If i join in new company then there will be no issues rite legally?.