nileshpatel Posted September 9, 2013 Report Share Posted September 9, 2013 I am working on L1B Visa with Company A. I am in USA since last 3 years on L1B. Company B applied for my H1B visa this year 2013 and I got RFE. Company B sent the response for RFE. I will get the response within 15 days as I have filled in premium processing. Now I got good offer form Company C and I want to join Company C. What could be my options?1) I have approved I797 (Approved in May 2008, which was valid from October 2008) for H1B with Company D. I got 221g when I went for H1B stamping in March 2010 and than never responded back. Can my new employer C use that petition for H1b transfer under cap exempt? If Yes, How should the request be presented?2) My New H1B(2013) which was filled this year by Employer B which is in RFE Status. Can Employer C file transfer using this H1B while it is in RFE status? If Yes than How?3) If Answer for 2nd Question is No, than Can Employer C file my transfer if my new H1B(2013) will be approved. If yes than How?4) If All of the above options can be doable than which is the better option to go for? What happenes if even Employer C gets RFE and process gets delayed to October.5) If I will get the approval after 1st October, Can I serve 20 days notice period for my current company A(On L1B). Link to comment
jairichi Posted September 9, 2013 Report Share Posted September 9, 2013 I am working on L1B Visa with Company A. I am in USA since last 3 years on L1B. Company B applied for my H1B visa this year 2013 and I got RFE. Company B sent the response for RFE. I will get the response within 15 days as I have filled in premium processing. Now I got good offer form Company C and I want to join Company C. What could be my options? 1) I have approved I797 (Approved in May 2008, which was valid from October 2008) for H1B with Company D. I got 221g when I went for H1B stamping in March 2010 and than never responded back. Can my new employer C use that petition for H1b transfer under cap exempt? If Yes, How should the request be presented? 2) My New H1B(2013) which was filled this year by Employer B which is in RFE Status. Can Employer C file transfer using this H1B while it is in RFE status? If Yes than How? 3) If Answer for 2nd Question is No, than Can Employer C file my transfer if my new H1B(2013) will be approved. If yes than How? 4) If All of the above options can be doable than which is the better option to go for? What happenes if even Employer C gets RFE and process gets delayed to October. 5) If I will get the approval after 1st October, Can I serve 20 days notice period for my current company A(On L1B). (1) Yes, he can. (2) If it is a cap subject H1B then employer C can not file a H1B transfer. You need to wait for approval. (3) Yes. Employer C has to file a cap exempt H1B petition and upon approval you can work for that employer. (4) Discuss this with employer C's attorney. (5) This is between you and your current employer and what is in contract. Link to comment
nileshpatel Posted September 10, 2013 Author Report Share Posted September 10, 2013 (1) Yes, he can. (2) If it is a cap subject H1B then employer C can not file a H1B transfer. You need to wait for approval. (3) Yes. Employer C has to file a cap exempt H1B petition and upon approval you can work for that employer. (4) Discuss this with employer C's attorney. (5) This is between you and your current employer and what is in contract. Regarding Answer to my 5th Question. Actually It's new H1B which is filed in COS and valid by 1st October. So If I am getting approval late than Is it possible to work with my current employer after October 1st atleast for Notice period Link to comment
jairichi Posted September 10, 2013 Report Share Posted September 10, 2013 Regarding Answer to my 5th Question. Actually It's new H1B which is filed in COS and valid by 1st October. So If I am getting approval late than Is it possible to work with my current employer after October 1st atleast for Notice period As long as your I94 on L1B is valid you can work for your current employer till your COS to H1B is approved. Link to comment
nileshpatel Posted September 10, 2013 Author Report Share Posted September 10, 2013 As long as your I94 on L1B is valid you can work for your current employer till your COS to H1B is approved. If My COS of H1 is approved by 25th September than can I serve notice and work with L1b employer for 15 days upto 10th October. Link to comment
jairichi Posted September 10, 2013 Report Share Posted September 10, 2013 If My COS of H1 is approved by 25th September than can I serve notice and work with L1b employer for 15 days upto 10th October. If your H1B start date is Oct 1st you have to begin work with your new employer from that date. Otherwise it is illegal work. Link to comment
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