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  1. #1

    Default H1-B transfer during lay off - Urgent help

    I am currently on H1-B visa and I will get terminated in 6 weeks

    1) Am I allowed to start working legally, once after my new employer filled for H1B transfer or should I need to wait untill I get a receipt before I join new employer?

    2) What is the deadline,my new employer can file for H1B transfer (assume my termination date is end of June) or After when if my new employer file for H1 transfer, will it be invalid ?




    Thanks any help will appreciated!!

  2. #2
    Join Date
    May 2009
    Posts
    10,053

    Default

    1) Am I allowed to start working legally, once after my new employer filled for H1B transfer or should I need to wait untill I get a receipt before I join new employer?
    >>> Yu should wait until you get the receipt notice.

    2) What is the deadline,my new employer can file for H1B transfer (assume my termination date is end of June) or After when if my new employer file for H1 transfer, will it be invalid ?
    >>> The documents for transferring your H1B should reach USCIS before your last day with the current employer.
    Not a legal advice. Use of this information is strictly at your own risk.

  3. #3

    Default

    Quote Originally Posted by shervin143 View Post
    1) Am I allowed to start working legally, once after my new employer filled for H1B transfer or should I need to wait untill I get a receipt before I join new employer?
    >>> Yu should wait until you get the receipt notice.

    2) What is the deadline,my new employer can file for H1B transfer (assume my termination date is end of June) or After when if my new employer file for H1 transfer, will it be invalid ?
    >>> The documents for transferring your H1B should reach USCIS before your last day with the current employer.

    Thank you for the quick reply.

    Generally how long does it take for USCIS to send the receipt for premium and non-premium processing?

  4. #4
    Join Date
    May 2009
    Posts
    10,053

    Default

    It takes the same amount of time to get the hard copy of the receipt in both the cases. The only difference is, when filed under premium process, the employer/lawyer who filed your case will get the receipt number in the email and the hard copy of the receipt notice will follow later.

    Quote Originally Posted by reachout View Post
    Thank you for the quick reply.

    Generally how long does it take for USCIS to send the receipt for premium and non-premium processing?
    Not a legal advice. Use of this information is strictly at your own risk.

  5. #5

    Default

    Quote Originally Posted by shervin143 View Post
    It takes the same amount of time to get the hard copy of the receipt in both the cases. The only difference is, when filed under premium process, the employer/lawyer who filed your case will get the receipt number in the email and the hard copy of the receipt notice will follow later.
    Thanks for the reply. does it usually take around 2 weeks to get receipt?

  6. #6
    Join Date
    May 2009
    Posts
    10,053

    Default

    Anywhere between 1-2 weeks.

    Quote Originally Posted by reachout View Post
    Thanks for the reply. does it usually take around 2 weeks to get receipt?
    Not a legal advice. Use of this information is strictly at your own risk.

  7. #7

    Default

    Quote Originally Posted by shervin143 View Post
    Anywhere between 1-2 weeks.
    Thanks for your reply... I have been offered to relocate to another location of our company. will USCIS need to be notified of this change, if yes will the company need to file a new H1-B? what is the procedure for visa changes in relocating

  8. #8
    Join Date
    May 2009
    Posts
    10,053

    Default

    A new LCA need to be filed with DOL and the H1B need to be amended with USCIS. Check the below link.
    http://www.immihelp.com/visas/h1b/h1...amendment.html


    Quote Originally Posted by reachout View Post
    Thanks for your reply... I have been offered to relocate to another location of our company. will USCIS need to be notified of this change, if yes will the company need to file a new H1-B? what is the procedure for visa changes in relocating
    Not a legal advice. Use of this information is strictly at your own risk.

  9. #9

    Default

    Quote Originally Posted by shervin143 View Post
    A new LCA need to be filed with DOL and the H1B need to be amended with USCIS. Check the below link.
    http://www.immihelp.com/visas/h1b/h1...amendment.html
    Thanks for reply. My current company has initiated the h1b petition uscis I am likely to get offer from another company and they are ready to initiate a transfer asap. Would there be an issue with multiple h1b petitions and what are the chances of both the petitions getting rejected and the chance of getting approval for one petition and reject for another.

  10. #10
    Join Date
    May 2009
    Posts
    10,053

    Default

    Thanks for reply. My current company has initiated the h1b petition uscis I am likely to get offer from another company and they are ready to initiate a transfer asap. Would there be an issue with multiple h1b petitions
    >>> No issues.

    what are the chances of both the petitions getting rejected and the chance of getting approval for one petition and reject for another.
    >>> No one can predict all that. It depends on what documents your employers have submitted to USCIS and how genuine they are.
    Not a legal advice. Use of this information is strictly at your own risk.

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