H1B transfer to new employer

[parimal59]

Hi,

 

I am working with company 'A' and got an offer from company 'B'. submitted my resignation from company A, currently serving notice period of 2 weeks, last date is 21st Nov. Company B has already applied for the H1B transfer and currently with USCIS but didn't receive the receipt number yet but they told I will get it soon. My joining date in company B is on 24th Nov.

 

I am negotiating with another company 'C' and would like to join C if i get that. But apparently it will only be confirmed after 24th Nov (after last day in current company A).

 

Q1. After I join company B on 24th Nov, Can company C initiate H1B transfer, since i will be having only H1B transfer receipt from company B during this period not an approved petition.

 

Any other suggestion to deal with this situation will be very helpful.

 

Thanks.

 

[pontevecchio]

Yes. Also keep a Lawyer onboard.

[ashuneel]

There is no such thing as H-1B transfer. As explained in articles  on Murthy website the only thing being transferred is the employee.

company C can initiate new H1B petition using  receipt notice from company B.

[parimal59]

Hi Ashuneel,

 

"company C can initiate new H1B petition using  receipt notice from company B." - just wondering even it is not approved by the time then also company C will be able to initiate transfer?

 

Thanks for your reply.

[ashuneel]

Yes.

 Only problem is if Company B petition is denied the company C petition may be affected.  Company C lawyer should know this before recommending filing of petition and also warn of potential problems.

[pontevecchio]

When does the A I94 expire? That is the only relevant factor.

[parimal59]

A I94 will be expired on April, 2015

[pontevecchio]

You are covered by what is known as the Bridge of continuity and hence there is no problem.