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H1B transfer - possible to find another sponsor?

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  • H1B transfer - possible to find another sponsor?

    Hello,

    While I was working for company A under H1B, I got an offer for a similar position from company B.
    We filed the tranfer petition, and the request was received by USCIS on April 22, 2016.

    I resigned from my previous employer on May 6, 2016, but did not start working for company B, as the company wanted me to start after we get a final approval.

    After a 3 month wait, we still did not hear back from USCIS as they were taking some more time to review additional information about the company and the position.
    On 7/28, I found out that company B will no longer proceed with my position, so we have to end this process.

    Since I was not expecting this to happen, I don't have a plan B as of now.

    I believe I was not considered out of status until now (from May 6 when I resigned) because the petition got filed before this date, even though I don't have paychecks since May 6th.

    Would it be possible for me to find another employer who's willing to sponsor? (meaning high chance to get the transfer approved)
    I heard that it is very difficult to get the transfer approved if there's a term between the termination and filing date.
    However, I feel that my case can be considered different as I was waiting for the visa approval in the meantime.

    If you could please help me figure it out, I will greatly appreciate it!

  • #2
    Originally posted by cma129 View Post
    Hello,

    While I was working for company A under H1B, I got an offer for a similar position from company B.
    We filed the tranfer petition, and the request was received by USCIS on April 22, 2016.

    I resigned from my previous employer on May 6, 2016, but did not start working for company B, as the company wanted me to start after we get a final approval.

    After a 3 month wait, we still did not hear back from USCIS as they were taking some more time to review additional information about the company and the position.
    On 7/28, I found out that company B will no longer proceed with my position, so we have to end this process.

    Since I was not expecting this to happen, I don't have a plan B as of now.

    I believe I was not considered out of status until now (from May 6 when I resigned) because the petition got filed before this date, even though I don't have paychecks since May 6th.

    Would it be possible for me to find another employer who's willing to sponsor? (meaning high chance to get the transfer approved)
    I heard that it is very difficult to get the transfer approved if there's a term between the termination and filing date.
    However, I feel that my case can be considered different as I was waiting for the visa approval in the meantime.

    If you could please help me figure it out, I will greatly appreciate it!
    Why did you resign without getting approval first?

    While on H1 if you are not being paid, you are out of status. I highly doubt if you would be able to successfully get another transfer approved without the need to leave US.

    This is my opinion not legal advice.

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