H1b Transfer issue please help

[Sid0224]

I was with company A got my H1 transferred to company B in January 2014 and now i am planning on moving to different company, company C. I have few questions,

 

1) if my transfer gets rejected will i still be able to work with company B and will the company B know about my transfer rejection?

2) If there is an RFE can i still keep working with company B?

3) Will this frequent change of companies affect me in any way in near future?

 

 

It would be great if i can get a quick response

 

 

Thanks

[pontevecchio]

1. Yes

2. Yes

3. No

[jairichi]

I was with company A got my H1 transferred to company B in January 2014 and now i am planning on moving to different company, company C. I have few questions,

 

1) if my transfer gets rejected will i still be able to work with company B and will the company B know about my transfer rejection?

2) If there is an RFE can i still keep working with company B?

3) Will this frequent change of companies affect me in any way in near future?

 

 

It would be great if i can get a quick response

 

 

Thanks

1. As longer company B has not revoked your H1B petition you can join them back. Company B will not come to know of H1B petition rejection with company C.

2. Yes.

[Sid0224]

Thanks for the response,

 

It would be great if you can please let me know under what circumstances does an H1 transfer gets denied, so that i can avoid those with my future company.

[pradeeprulez]

I have a question with respect to H1 B transfer:

 

I have a H1 b scenario and would like to know how it works.

 

I came to US first on May 2006 on H1-B Visa for Company A. Find below my entry and exit dates

 

05 May 2006 -- 28 Jan 2009

14 Apr 2010  -- 06 Jun 2011

 30 Apr 2012  -- till date (Visa is valid till 30 Jun 2014)

 

The above mentioned dates completes my tenure of 6 years on a H1-B. Now, I got an offer from Company B and they are ready to do the H1-B transfer. There is a concept of clock reset. For the clock reset, the criteria's were

 

1) One has to stay outside US for more than a year (I stayed between 29 Jan 2009 - 13 Apr 2010)

2) Need to file a fresh H1-B petition.

 

My question is, for satisfying the second condition, will my new employer filing H1-B transfer is considered as fresh petition. I searched through the imihelp and found out this

 

http://www.****************

 

Your help in this regard is highly appreciated. I am waiting to accept this offer, but want to ensure that it is legal before doing it. Also, it would be of great help, if you could let me know how long i would be eligible to stay in US.

[pontevecchio]

Unless you leave for one year there can be no clock reset. Even then a H1 sponsor has to file a CAP SUBJECT H1 based on the lottery one year after you are out of the country. Every new employer files a new H1 petition. In your case the H1 petition with B can only be till June,2014  when you say your 6 years in H1 status ends.