rockyr9 Posted May 16, 2015 Report Posted May 16, 2015 I am currently on H4 but I've an approved H1B from company A. Company A is not able to provide me any project but I found a company B who has a new project. Can I transfer my H1B from company A to company B? And if yes when the change of status will be done? Will it be while filing for H1 transfer or would it be after the transfer?
jairichi Posted May 17, 2015 Report Posted May 17, 2015 First is your H1B approved as COS from H4? If yes then are you paid by company A? If the answer is no then you are out of status. You need to file a complaint against company A with DOL. This will help you to get your salary dues and move to new employer.
rahul412 Posted May 18, 2015 Report Posted May 18, 2015 I am currently on H4 but I've an approved H1B from company A. Company A is not able to provide me any project but I found a company B who has a new project. Can I transfer my H1B from company A to company B? And if yes when the change of status will be done? Will it be while filing for H1 transfer or would it be after the transfer? Was your initial H1 filed along with COS? Does your 797 have new I94?
rockyr9 Posted May 19, 2015 Author Report Posted May 19, 2015 My H1 was not filed with COS as I was in India while filing for H1 in March(last year). I came to US in July (last year) on H4 and still maintaining H4 status.
jairichi Posted May 19, 2015 Report Posted May 19, 2015 My H1 was not filed with COS as I was in India while filing for H1 in March(last year). I came to US in July (last year) on H4 and still maintaining H4 status. You are good. An employer can file a cap exempt H1B petition anytime and on approval you can work immediately.
rahul412 Posted May 19, 2015 Report Posted May 19, 2015 In that case you are good to go. File for H1 transfer any time.
rockyr9 Posted May 20, 2015 Author Report Posted May 20, 2015 Thank you so much jairichi and rahul412 for your prompt response
rockyr9 Posted May 29, 2015 Author Report Posted May 29, 2015 I have I797 copy but Employer A is not willing to provide Form I-129 and LCA. I know that Form I-129, LCA are not required for H1 transfer, but in future if I file for green card, would I need Form I-129 and LCA from all previous employers?
jairichi Posted May 29, 2015 Report Posted May 29, 2015 I have I797 copy but Employer A is not willing to provide Form I-129 and LCA. I know that Form I-129, LCA are not required for H1 transfer, but in future if I file for green card, would I need Form I-129 and LCA from all previous employers? No.
rahul412 Posted May 29, 2015 Report Posted May 29, 2015 I have I797 copy but Employer A is not willing to provide Form I-129 and LCA. I know that Form I-129, LCA are not required for H1 transfer, but in future if I file for green card, would I need Form I-129 and LCA from all previous employers? No need of those forms for GC process. 797 is enough.
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