hou2hou Posted January 27, 2015 Report Share Posted January 27, 2015 I am with Company A on H1B, valid till 2017. Last week I accepted offer from Company B and initiated H1b transfer. However, H1B transfer for denied. 1) Am I out-of status? or still having valid statis with Company A? 2) What are my options? Link to comment
jairichi Posted January 28, 2015 Report Share Posted January 28, 2015 1. If you are still working for employer A then you are fine. Otherwise you are out of status. Link to comment
hou2hou Posted January 29, 2015 Author Report Share Posted January 29, 2015 Thanks. I am currently employed with employer A. On the other hand - What if H1B would have Approved and but I did not want to join Company B - Do we have to re-file H1b transfer from Company B to CompanyA? OR I can continue working with employer A without doing anything? Link to comment
jairichi Posted January 29, 2015 Report Share Posted January 29, 2015 Thanks. I am currently employed with employer A. On the other hand - What if H1B would have Approved and but I did not want to join Company B - Do we have to re-file H1b transfer from Company B to CompanyA? OR I can continue working with employer A without doing anything? You are fine. No need for any re-filing and you can continue working for employer A with valid I797 and I94. Link to comment
hou2hou Posted January 30, 2015 Author Report Share Posted January 30, 2015 Sorry, still can't believe that!! - making sure I understand your response, jairichi. So, even if the transfer is approved for company B, I can continue working for compan A? ---(would this not mean that employer B is holding my H1 but I am working for employer A?) Please correct me. Link to comment
jairichi Posted January 30, 2015 Report Share Posted January 30, 2015 Sorry, still can't believe that!! - making sure I understand your response, jairichi. So, even if the transfer is approved for company B, I can continue working for compan A? ---(would this not mean that employer B is holding my H1 but I am working for employer A?) Please correct me. Only if you change status (ex. H4 to H1B or L1 to H1B) it will be an issue. On H1B as long as your employer A has a valid H1B petition and your I94 is valid you can keep working for employer A. Link to comment
pontevecchio Posted January 30, 2015 Report Share Posted January 30, 2015 No such thing as a H1 "transfer" . You can work for ANY employer who has an approved H1 petition for you. Why assume you are doing something wrong if you are not? Link to comment
ashuneel Posted January 30, 2015 Report Share Posted January 30, 2015 Sorry, still can't believe that!! - making sure I understand your response, jairichi. So, even if the transfer is approved for company B, I can continue working for compan A? ---(would this not mean that employer B is holding my H1 but I am working for employer A?) Please correct me. I think the confusion starts with the word "transfer". H-1B does not get transferred when employee changes companies. Every employer has to file a fresh petition and with all supporting documents. Forum topic also mentions H-1B : Portability not transfer. It will save us all a lot of time if we stop using the word "transfer". You can have multiple employers filing H-1B for a person at any time. Link to comment
hou2hou Posted February 2, 2015 Author Report Share Posted February 2, 2015 thank you all! Very crystal clear now :) Link to comment
hou2hou Posted February 12, 2015 Author Report Share Posted February 12, 2015 I think the confusion starts with the word "transfer". H-1B does not get transferred when employee changes companies. Every employer has to file a fresh petition and with all supporting documents. Forum topic also mentions H-1B : Portability not transfer. It will save us all a lot of time if we stop using the word "transfer". You can have multiple employers filing H-1B for a person at any time. Got one more doubt - if its just about portability, then even if the new employer B gets their I797 approved why people often say "you are now employee of empoyer B and no notice period funda is applicable; and officially you are with new employer B?" I should be very well be able to continue working with employerA (if I wish to) even if empoyerB gets approved I797 for me. - is that correct? Link to comment
jairichi Posted February 13, 2015 Report Share Posted February 13, 2015 Got one more doubt - if its just about portability, then even if the new employer B gets their I797 approved why people often say "you are now employee of empoyer B and no notice period funda is applicable; and officially you are with new employer B?" I should be very well be able to continue working with employerA (if I wish to) even if empoyerB gets approved I797 for me. - is that correct? Yes, you are correct. Link to comment
hou2hou Posted February 13, 2015 Author Report Share Posted February 13, 2015 Thanks jairichi! Link to comment
ashuneel Posted February 13, 2015 Report Share Posted February 13, 2015 Portability refers to the initial H-1B visa which was approved and is "portable" for a period of total six years. This applies to extensions and new employers if successive petitions are approved. Link to comment
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