Query H1B Transfer status

[JayPK]

Hi,

 

I am working on H1B with Company A. Now Company B wants to transfer my visa but does not want to wait for the H1B decision to come, they are asking me to join as soon as they receive the receipt number from USCIS. In this case my questions are as below:

1. Can Company B put me on their payroll even when H1B transfer is under process? Will it be a legal thing to work for them without an approval?

2. If the transfer is denied will I be out of status (since Company A would still be holding my visa) ? or Can Company B still re-apply for it and meanwhile I can continue my work?

3. Will there be any process to come back to Company A in case my H1B transfer with Company B is denied.

 

Thanks

[rahul412]

1. Can Company B put me on their payroll even when H1B transfer is under process? Will it be a legal thing to work for them without an approval?

2. If the transfer is denied will I be out of status (since Company A would still be holding my visa) ? or Can Company B still re-apply for it and meanwhile I can continue my work?

3. Will there be any process to come back to Company A in case my H1B transfer with Company B is denied.

1. Yes

2. Yes and re-apply is possible but you will be out of status by that time

 

So DO NOT JOIN B BEFORE H1 APPROVAL.

[jairichi]

1. Yes.

2. By law company A should have revoked your H1B petition and so you would be out of status if B's petition is denied.

3. Company A should file a cap exempt H1B petition and after approval you can join them.

 

Even though it is legal to join employer B with a receipt notice it is strongly suggested to wait for H1B petition approval. If B is that desperate then let them file in premium processing. If they still insist to join based on receipt notice then start looking for good employers as it is not difficult to find one.