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Murthy Law Firm

H1B Transfer while H1B Amendment is in progress


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Currently H1B Amendment is in progress with USCIS from employer A, due to location and role change.

 

1) Is it possible to do H1B  transfer to employer B?

 

2) If it is possible, is there any extra process to be done to withdraw H1B Amendment?

 

3) Will it create any issue in future H1B extensions?

 

 

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Is there a new receipt number for H1 Amendment? NO (Receipt number are only for Visa Change not LCA Changes)


If Yes, will new receipt number be required for h1 transfer? NO if already applied for transfer before Amendment.


I have original H1 copy, when my H1 got approved. Can H1 transfer happen with only initial H1 copy ? Recent H1 Copy as on the date you apply, after applied date let it go whatever no need of new information unless asked by USCIS during the process.

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All H1B related documents are your own, employer has no rights to ask for them back for any reason.

per USCIS petition copy to be given to employee in 15days of approval.

No money eithe rbefore or after visa processing should be not paid and asked to pay from employee for whatever reason

You are partially correct. Employee is not suppose to pay any kind of amount of H1, not even a penny.

But coming to documents, H1 is employer's petition so employer has right to ask the original H1 docs from the employee.Moreover employee doesn't need any documents from employer once he resigns from that job.

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  • 2 months later...
  • 2 months later...
Hi Jairichi/Rahul,

 

First of all would like to convey my thanks for this informative article.  Have a question, will elaborate little about my scenario:

 

I have worked for employer ‘A’ and got my H-1 stamped in passport till Sep 2015. In October 2014, have transferred my H1 to employer ‘B’ and initial petition was filed for location ‘A’ and approved along with valid I-94 till Jan 2017. I have moved to location ‘B’ for employer ‘B’ on Oct 2014, so amendment has been filed with USCIS for location ‘B’ on June 2015 as per new USCIS rules and it is in ‘Pending’ Status till now.

 

Currently, I got good offer with Employer ‘C’ who is willing to H1-Transfer. Below are my questions:

 

1. Can I start H1 transfer with Employer 'C' when amendment is pending with Employer 'B'?

 

2. Assume that if I join Employer 'C' after H1 transfer approval, at same time amendment is pending with employer 'B'.  Later after few months amendment is getting denied with Employer 'B' ? Will this cancel my transfer petition with Employer 'C' as per "Last action Rule"/ "Break of bridge petition" ?      In this case will I be able to work for Employer 'C' by maintaining valid H1 Status?

 

3. If I start to work for Company ‘C’ after my H1 transfer to employer ‘C’ is approved and my amendment got denied later. Then if I go to india for stamping for Company ‘C’, will it create any problem in stamping?

 

4. If amendment gets approved after I start working for company 'C'(assume transfer got approved earlier than amendment).  Then will it impact my H1 Status?

 

Please provide your valuable inputs.
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  • 7 months later...

Hi

 

Recently I have got an offer and planning to move to new employer, but just thinking about my amendment which is in progress (Amendment is for new USCIS rule for work Location channges which are not specified in original petition . It has been almost 4+ months but no update from USCIS as of now)

 

1. Please suggest me, if any one recently transferred their petition to new employer while amendment is in progress?

 

2. Got any RFE ?

 

3. was it premium or normal?

 

4. Any other problems faced?

 

5. If go with the receipt number later transfer rejects, what would be my situation? 

 

Please reply me asap.

 

Thanks in advance.

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  • 4 weeks later...

1. Please suggest me, if any one recently transferred their petition to new employer while amendment is in progress?


My wife's H1b transferred to new employer while amendement  went to RFE.


 


2. Got any RFE ?


H1b transfer got RFE  saying either amendment needs to be approved or RFE needs to be replied. 


 


3. was it premium or normal?


Premimum


 


4. Any other problems faced?


Asked so many docs to prove the relationship between employer and end client. She has already provided her client letter but still asked to prove employer-client relationship.


 


5. If go with the receipt number later transfer rejects, what would be my situation? 


Not sure. Attorney replied and RFE and waiting for the status. 


 


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  • 2 weeks later...
  • 2 weeks later...

HI

My H1 got was filed last year and after rfe it was approved. It was filed with employer as in-house application. Later i moved to different state and due lack of awareness my amendment was filed late by a month and and now i have got the RFE on amendment which is quite a detailed letter and one of the points mentioned is that violation of h1 t&c's. Whats the best thing to do in this scenario, is it fine to apply for the RFE or are there any other alternatives that could be taken ??

can i transfer to other employer ?

Appreciate your help in this regard

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Hello pachhu44 ,

 

I am in a similar situation and need your guidance.

 

H1B Amendment was filed by Employer A in January 2016 in Regular Processing.

 

H1B Employer Change was filed by Employer B in June 2016 in Premium Processing. (I am currently working with Employer A and have been offered a job by employer B).

 

On 22nd June , the online status has changed to RFE (For H1B Employer Change in Premium Processing). I am assuming this is because of the open H1B Amendment. Can you tell me that in this case what reply can be provided by the attorney of Employer B to USCIS ?

 

Is it possible that I get the 'H1B Change of Employer' Approved without getting the 'H1B Amendment approved'. (I cannot get the amendment approved as it was filed in regular processing and I am keen on joining Employer B).

 

Your inputs will be highly appreciated.

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Hello pachhu44 ,

 

I am in a similar situation and need your guidance.

 

H1B Amendment was filed by Employer A in January 2016 in Regular Processing.

 

H1B Employer Change was filed by Employer B in June 2016 in Premium Processing.

 

On 22nd June , the online status has changed to RFE. I am assuming this is because of the open Amendment. Can you tell me that in this case what reply can be provided by the attorney of Employer B ?

 

Is it possible that I get the H1B Change of Employer Approved without getting the 'H1B Amendment approved'. (I cannot get the amendment approved as it was filed in regular processing).

 

Your inputs will be highly appreciated.

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Hello pachhu44 ,

 

I am in a similar situation and need your guidance.

 

H1B Amendment was filed by Employer A in January 2016 in Regular Processing.

 

H1B Employer Change was filed by Employer B in June 2016 in Premium Processing.

 

On 22nd June , the online status has changed to RFE. I am assuming this is because of the open Amendment. Can you tell me that in this case what reply can be provided by the attorney of Employer B ?

 

Is it possible that I get the H1B Change of Employer Approved without getting the 'H1B Amendment approved'. (I cannot get the amendment approved as it was filed in regular processing).

 

Your inputs will be highly appreciated.

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  • 4 months later...
  • 5 months later...

Hi,

I used to work for Client A Until October 2016.I got my LCA and H1B Amendment approved and also H1b extended  until May 2018.

I moved to a new project with Client B in November. My H1B Amendment with Client B is still pending. I am done with my assignment in April 2017.

Now i am again back with Client A due to start with them in May 2017 at the same work location but with different job duties which fall under the realm of development for the previous position that i used to  work. The position is the same but the verbage of job duties have been changed. Now my questions are :

 

1. Do i need to again file for a new LCA and H1B Amendment?

2.  Could i use the older approved H1B amendment to work for Client A ?

Could someone please help?

 

 

Thanks,

Varun

Edited by varun4varun
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  • 1 year later...

Hello All,

 

I am situation (Trying to describe step by setp):

 

1. I came to USA on 14th Nov 2018 (Visa Validation : from 8 Nov to 31 Dec 2018)

2. Started working with Client A - from 15th Nov to 31Jan

3. Applied for extension and Amendment on Client A (Got reciept on 19th Dec 2018)

4. Since Contract got over with Client-A, i joined Client-B (on 13th Feb 2018)

5. Started the process of extension and amendment for Client-B (Filled on 24th Feb 2018, Reciept yet to get)

6. After joining Client-B, Got placed in product based company (25th Feb, they will start my H1B transfer process within a week).

How to process here to transfer my H1B ?

In advance appreciating your help.

Thanks,

Kishore

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  • 7 months later...

Yes, changing employer while H1B amendment is a process is possible without any issues. I was working on an end client location with the H1B amendment in process. I got a job offer from US based company and that company started H1B transfer. There was ABSOLUTELY no issue in getting H1B transfer completed as long as you have valid I-94. My transfer was filled thru PP and approval came in a week. But it's recommended joining a new employer once H1B is approved.

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