Is it H1b transfer or new H1b please for changing job. pls clarify.

sid11

By sid11,
in H1B : Portability Issues

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sid11 Member

sid11

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Hi all

i am little confused what is difference b/w H1b transfer and New H1b.

 

I am working for company A  in 7th yr and have approved labor and i-140. 

 

Now i am going to join a new employer B and already got the labor approved from B and want to join them in 2 months  time.when i join Emp B i want to retain my PD during the i-140 stage.

 

So when i join Emp b is it going to be a h1b transfer or a totally new H1b? how about the cap issue?

 

So when i transfer the H1b from A to B and then give Emp  A notice of 2 weeks and at that point my H1b would have already  been transferred to B so it it legally ok to keep working for A for the notice period as my H1b is already transferred to B??.

Can Emp A revoke H1b after its been transferred to B and approved, during my working for A in notice period. Please advise what precautions should i keep in mind during this transfer process. 

i would really appreciate all inputs to make this process clear for me

Thanks

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madhu418 Advanced Member

madhu418

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there is no such thing called h1b transfer but people call it for convienence.

H1B transfer is when you have been already counted for H1B cap at some time and the 6 year period has not been expired. there are other scenarios where you can get beyond 6 years ext based on your I140 applicaion status which you fall in currently.

 

you case will be considered as a transfer and you will get three year approval because you have an approved I140.

 

in order to keep your PD, you new employer should file it as soon as you join them.

 

to my knowledge you are okay to start with new employer at a later date once the petition is approved. please verify with your attroney regarding this.

 

Employer cannot revoke your H1B while you are working for him. he can do so on last day of your work. My suggestion is to say A that you got a new job (after you get an approval for B) and interested in moving out. tell him you can give two week notice or resign same day. depending on your employer A response, ask B to give you a tentative start date.  

 

during transfer process, Employer A will not know unitl you tell him that your transfer is going on. so you dont have to worry. but make sure that you join B only after getting H1B approval from B.

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sid11 Member

sid11

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there is no such thing called h1b transfer but people call it for convienence.

H1B transfer is when you have been already counted for H1B cap at some time and the 6 year period has not been expired. there are other scenarios where you can get beyond 6 years ext based on your I140 applicaion status which you fall in currently.

 

you case will be considered as a transfer and you will get three year approval because you have an approved I140.

 

in order to keep your PD, you new employer should file it as soon as you join them.

 

to my knowledge you are okay to start with new employer at a later date once the petition is approved. please verify with your attroney regarding this.

 

Employer cannot revoke your H1B while you are working for him. he can do so on last day of your work. My suggestion is to say A that you got a new job (after you get an approval for B) and interested in moving out. tell him you can give two week notice or resign same day. depending on your employer A response, ask B to give you a tentative start date.  

 

during transfer process, Employer A will not know unitl you tell him that your transfer is going on. so you dont have to worry. but make sure that you join B only after getting H1B approval from B.

THANKS VENKI FOR THE DETAILED REPLY I REALLY APPRECIATE IT.

IN FACT MY H1B EXTENSION FROM A IS APPROVED FOR 3 MORE YR THIS YR. 

ACTUALLY EMP B IS READY TO HIRE ME RIGHT AWAY BUT I HAVE TO FIGURE OUT  THE WHOLE MOVE DEPENDING UPON MY PRESENT LEASE AND SOME OTHER FORMALITIES TO BE ON SAFE SIDE.

SO U  MEAN WHEN MY H1B IS ALREADY BEEN APPROVED FROM B THEN IT DOESNT MATTER IF  EMP A REVOKE IT OR NOT WHEN I TELL THEM I AM GOING TO LEAVE.

ALSO CAN I APPLY FOR I-140 WITH B BEFORE H1 TRANSFER FOR JOINING THE EMP B?

THANKS AGAIN

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sid11 Member

sid11

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Their is no difference.It's just a terminology.

H1 transfer is nothing but a new H1 but cap exempt. That's why people call it as transfer.

 

Their is no difference.It's just a terminology.

H1 transfer is nothing but a new H1 but cap exempt. That's why people call it as transfer.

THANKS RAHUL FOR YOUR IMPORTANT INPUT. I REALLY APPRECIATE IT.

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jairichi Advanced Member

jairichi

Posted
Posted

THANKS VENKI FOR THE DETAILED REPLY I REALLY APPRECIATE IT.

IN FACT MY H1B EXTENSION FROM A IS APPROVED FOR 3 MORE YR THIS YR. 

ACTUALLY EMP B IS READY TO HIRE ME RIGHT AWAY BUT I HAVE TO FIGURE OUT  THE WHOLE MOVE DEPENDING UPON MY PRESENT LEASE AND SOME OTHER FORMALITIES TO BE ON SAFE SIDE.

SO U  MEAN WHEN MY H1B IS ALREADY BEEN APPROVED FROM B THEN IT DOESNT MATTER IF  EMP A REVOKE IT OR NOT WHEN I TELL THEM I AM GOING TO LEAVE.

ALSO CAN I APPLY FOR I-140 WITH B BEFORE H1 TRANSFER FOR JOINING THE EMP B?

THANKS AGAIN

Yes, even if your employer A revokes your H1B petition it will not affect H1B approval of employer B. Yes, you could ask employer B to initiate that. Though it takes a bit of time to get approval.

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