I-797C Notice of Action : Is H1 transfer or employer change applicable

[LSK_India]

Hi,

 

I received Form I-797C Notice of Action from my consultant a few days back. Is it possible to change my employer now who is ready to file my H1 under cap exemption using this document ?

Can I safely go ahead for initiation of transfer after Oct 1 or so.

 

The reason I do not want to go with my consultant is due to lack of medical benefits and salary issues.  My current employer has agreed to pay the expenses to consultant. The consultant also wants me to be in US asap while I have asked him to wait till next year May.

 

 

[jairichi]

If it is a cap subject H1B petition that has got approved any move to a new employer can be filed only after 1st Oct by new employer filing a cap exempt H1B petition and getting approval.

[LSK_India]

Hi Jairichi,

 

Yes it is a cap subject H1B which got approved last month. However I do not have approval notice, I have just the Form I-797C Notice of Action. So can I ask my employer to initiate the transfer next month (Oct) ?

 

Thanks a lot.

[jairichi]

Hi Jairichi,

 

Yes it is a cap subject H1B which got approved last month. However I do not have approval notice, I have just the Form I-797C Notice of Action. So can I ask my employer to initiate the transfer next month (Oct) ?

 

Thanks a lot.

Yes, provided H1B approved employer does not revoke your H1B petition before Oct 1st. My suggestion is to work for H1B approved employer for a week or two and initiate cap exempt H1B petition with new employer by premium processing.

[LSK_India]

Thanks Jairichi.

 

Had planned that but the employer has sent me one agreement copy which I should be signing once I land in US. That has mention of 4 weeks notice period and other charges. Seems a bit unfair to me.

[jairichi]

Thanks Jairichi.

 

Had planned that but the employer has sent me one agreement copy which I should be signing once I land in US. That has mention of 4 weeks notice period and other charges. Seems a bit unfair to me.

Employment in US is at will. Talk with a labor attorney to know if you sign the agreement whether it is valid or not.

[LSK_India]

Sure Jairichi.

 

Wanted to avoid all agreement/bond related issues. That is why wanted to transfer visa (while I am in India) to other employer who does not have bond.

[jairichi]

Sure Jairichi.

 

Wanted to avoid all agreement/bond related issues. That is why wanted to transfer visa (while I am in India) to other employer who does not have bond.

That is the way to go forward.