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H1B Transfer - Joining on receipt only
Hi,
I am currently working with employer A and got offer from B who is willing to transfer my H1B visa.
Due to suspension of premium processing B is asking me to join once my petition for extension of status is filed by B.
Need some advise in case I join only with the receipt no and later ( may be after working with few months with B )
the transfer is denied for any reason :
1. Can I go back to my old employer in this case and start working from him again.
If yes does he need to file a new LCA/Petition again or I can join at old location with old employer without these.
2. In case my old employer doesn't take me back or revoke his petition ( while I was working with B ):
a) can I still transfer to some other employer C without leaving USA? will the 60 days grace period apply in this case?
Since I was working with B and being paid will I still be out of status?
b) In case I have to leave USA then in how many days I need to do so? And after that what are my options :
Can employer B again apply for Transfer of my visa while I am in my home country?
Can some other employer apply for Transfer of my visa? or it will be all together a new petition under cap exempt?
A related question is in case my transfer goes through and I work for B for few months and later want to go back to old employer , can I
go back again ( assuming my old petition was not revoked by A ). Do my old employer need to file new LCA/Petition in this case?
Please advise. This is important for me to take decision on whether to go with the transfer or stay with current employer only.
-Amit.
I am currently working with employer A and got offer from B who is willing to transfer my H1B visa.
Due to suspension of premium processing B is asking me to join once my petition for extension of status is filed by B.
Need some advise in case I join only with the receipt no and later ( may be after working with few months with B )
the transfer is denied for any reason :
1. Can I go back to my old employer in this case and start working from him again.
If yes does he need to file a new LCA/Petition again or I can join at old location with old employer without these.
2. In case my old employer doesn't take me back or revoke his petition ( while I was working with B ):
a) can I still transfer to some other employer C without leaving USA? will the 60 days grace period apply in this case?
Since I was working with B and being paid will I still be out of status?
b) In case I have to leave USA then in how many days I need to do so? And after that what are my options :
Can employer B again apply for Transfer of my visa while I am in my home country?
Can some other employer apply for Transfer of my visa? or it will be all together a new petition under cap exempt?
A related question is in case my transfer goes through and I work for B for few months and later want to go back to old employer , can I
go back again ( assuming my old petition was not revoked by A ). Do my old employer need to file new LCA/Petition in this case?
Please advise. This is important for me to take decision on whether to go with the transfer or stay with current employer only.
-Amit.
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