H1B Transfer denial


hou2hou

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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.

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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.

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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.

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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.

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  • 2 weeks later...

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?

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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.

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