Need help on H1b transfer

[nkt1415]

Hi Friends,

I am currently on H1B working for Company A and my visa is valid until 2018 end. I have got a job offer from Company B. Company B is starting the process of H1B transfer in Premium process. I wanted to know the below:
1. How long it takes for the completion of H1B transfer in premium processing.
2. What happens to my current H1B with Company A if H1B transfer with Company B gets rejected considering if I start working for Company B after receiving receipt.
3. What happens to my current H1B with Company A if H1B transfer with Company B gets rejected considering if I am still with Company A


I thank you in advance for your help.

Thanks

[raghvi]

Hi Friends,

I am currently on H1B working for Company A and my visa is valid until 2018 end. I have got a job offer from Company B. Company B is starting the process of H1B transfer in Premium process. I wanted to know the below:
1. How long it takes for the completion of H1B transfer in premium processing.
2. What happens to my current H1B with Company A if H1B transfer with Company B gets rejected considering if I start working for Company B after receiving receipt.
3. What happens to my current H1B with Company A if H1B transfer with Company B gets rejected considering if I am still with Company A


I thank you in advance for your help.

Thanks

1. 2-4 weeks if no RFE.
2. You go out of status and would most probably have to leave US. Do not join merely on receipt basis.
3. Nothing, you continue to work with A.

This is my opinion not legal advice.

[nkt1415]

1. 2-4 weeks if no RFE.
2. You go out of status and would most probably have to leave US. Do not join merely on receipt basis.
This is my opinion not legal advice.

Thanks for your reply.
Do I go out of Status even if Employer A does not withdraw my H1B? Cant I go back to him as he has my h1B?

[raghvi]

Thanks for your reply.
Do I go out of Status even if Employer A does not withdraw my H1B? Cant I go back to him as he has my h1B?

You dont go out of status because A withdraws the petition, you will go out of status because you would have started working for an employer for which USCIS has still not approved, and denied, the petition for you. Hence it is advisable to join only after gettign the approval notice.

This is my opinion not legal advice.

[mindrd]

Correction

In regards to if you join company B while your company B petition is still pending, then denied. You can avoid going out of status by going back to work with Company A, but only if they have not withdrawn your petition with company A, and they will accept you. But I never heard of a prior company taking back an employee that left them, too often. So be careful with your H1B Portability.

H1B Transfer is not the correct term to use, it's a H1B change of employer. Transfer has no meaning, better to be more specific.