H1B transfer in process and want to join another company

[mi_ki80]

Hi,

I am in real dilemma now. I am working in Company B since last 5 months and my H1B transfer still under process. Now i am getting Permanent Opportunity and i would like to join the Company C. my questions are :

1. Will it be fine to Join Company C
2. Which Petition, i should give to Company C - Company A, which is approved or Company B, which is still in process?
3. What are the problems might occur and possible solutions?

Your earliest reply is much appriiciated.

Thanks,

[shervin143]

1. Will it be fine to Join Company C
>>> If yor current I-94 is still valid and if you are currently working for company A, then a transfer can be filed to Company C based on Company A's approval notice. If your I-94 has already expired, then search and read the posts on bridging.

2. Which Petition, i should give to Company C - Company A, which is approved or Company B, which is still in process?
>>> Whichever company that you are currently working. The process will be easy if you are working for company A and their I-94 is still valid.

[mi_ki80]

Shervin,

Thanks a lot for your reply.

Currently my H1B is process of transfer from Company A to Company B. I am working with Company B since last 5 months. Now i am getting full time opportunity with Company C.

My I-94 is from Company A is still valid but as you know my visa transfer process is still in progress so don't have I-94 from company B.

Now in this context, please answer

1. Will it be fine to Join Company C
2. Which Petition, i should give to Company C, Company A/Company B/Both?
3. Do you see any problem with my case?

Thanks

[shervin143]

Currently my H1B is process of transfer from Company A to Company B. I am working with Company B since last 5 months. Now i am getting full time opportunity with Company C.

My I-94 is from Company A is still valid but as you know my visa transfer process is still in progress so don't have I-94 from company B.
>>> Are you saying that your H1B transfer is in process for the last 5 months? If so, it is not advisable to keep working like this for Company B. Since it is past 90 days since filing the petition, ask the company attorney to take an infopass appointment with USCIS to discuss the status of your case. Also, you can upgrade the case to premium and get the result within 15 days.

Now in this context, please answer

1. Will it be fine to Join Company C
>>> No. In this case, your petition to C will need to be filed as a bridging petition from Company B and in order for Company C's petition to get approved, Company B's petition should get approved. If Company B withdraws the petition or if it gets rejected,. then you will be in trouble. Search and read about bridging.

2. Which Petition, i should give to Company C, Company A/Company B/Both?
>>> You will have to give a copy of all your previous petitions. But the transfer will have to filed based on the petition of the employer who you are currently working for.

3. Do you see any problem with my case?
>>> Yes. Read the above answers.

[mi_ki80]

HI Shervin,

Thanks a lot for your answer. I have already asked my Employer B to start me case as Premium processing. We have taken the info pass appointment and USCIS told us that they are still processing OCT '11 case, where my case is file in Nov.

I hope everything should be fine. Thanks for your answers.