H1B transfer to new company - Maximum duration between the jobs

[pklanka]

Hi everyone

 

A friend of mine is employed with H1B on the current company (I797 for H1B has been obtained while on L1 visa in US in Oct 2015). Now he wants to shift to a new job at a different location in US. The transfer process is currently underway and he plans to resign once the H1B receipt is obtained.

 

Now the process of moving from one place to US to another would take him 7 - 10 days. He cannot move until and unless he completely resigns from the current company. Just wanted to check if there would not be any issues going forward since he does not have job for 7 - 10 days (while he is on the move).

 

regards

Pratyush

[spashokkumaar]

Hi - i m holding a valid stamped H1b visa and currently in India. I'm planning to switch my job and new employers are saying they can do h1 transfer only after 6 months since i m switching at offshore. If my current employer withdraw the petition after my resignation will my new employer able to do a amendment and transfer?

[jairichi]

Should not be an issue. But, suggest your friend to leave current company only after H1B petition with new employer is approved. He will be in trouble if new employer's H1B petition is denied and ex-employer's H1B petition is revoked.

[jairichi]

new employers are saying they can do h1 transfer only after 6 months since i m switching at offshore. 

What logic is that? If you have not worked for H1B employer who filed your cap subject H1B petition you might not be cap exempt.

[pklanka]

Thanks Jairichi. This helps.

 

Unfortunately the H1B is not premium processing. Hence he would need to take that risk. Will convey this to him.

 

thanks

Pratyush

[jairichi]

Thanks Jairichi. This helps.

 

Unfortunately the H1B is not premium processing. Hence he would need to take that risk. Will convey this to him.

 

thanks

Pratyush

Your friend has the option to pay PP fee through employer and it is legal.