H1b transfer while pending amendment (Incorrect petition start date)

[shankar245]

Hi All,

My Case;

 

Came to US on May 2013 for Employer A with  Visa expiry date of Oct-2013.Employer A applied for renewal and it got approved as well with the following details

1) Petition start date - Oct 2014

2) petition end date - Oct 2015.

 

Since the petition start date was in the future,I spoke to my employer and they raised an amendement to change the same.

 

Till now  do not have any update on the amendment .

 

Meanwhile, the client with whom I was working is ready to sponsor my Visa, My doubt is this 

 

Will the existing incorrect date in my petition affect my transfer?(Though I already have amendment in place and USICS is working on it)

 

Please suggest.

 

Thanks

 

S.Shankar

[jairichi]

When does your I94 expire? That determines everything. Also, check whether you have signed a non-compete agreement with employer.

[shankar245]

Thanks jaiRichi

 

My I 94 also expires by Oct 2013.Yes ,I have signed non compete agreement with my employer.

 

kindly Advise

 

Thanks

[jairichi]

If you have signed a non-compete agreement with current employer then you cannot join client's firm immediately after resigning from current employer. Go through the agreement properly. Your attorney has to contact USCIS and rectify the mistake.

[shankar245]

If you have signed a non-compete agreement with current employer then you cannot join client's firm immediately after resigning from current employer. Go through the agreement properly. Your attorney has to contact USCIS and rectify the mistake.

 

Hi jai richi,

 

My client discussed with my current employer and they are okay with my release . So no issues with the job but I'm just worried about the Issue with the start date in the petition. Will it cause an issue during transfer to the new employer?

 

Thanks

[jairichi]

Hi jai richi,

 

My client discussed with my current employer and they are okay with my release . So no issues with the job but I'm just worried about the Issue with the start date in the petition. Will it cause an issue during transfer to the new employer?

 

Thanks

If your current I94 is still valid your client can file a cap exempt H1B petition with no issues.