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  • Change of Status and H1 B Transfer

    I am working for a Company A (L1B) at Arizona with Visa ending on Dec 18,2013, 5 year L1 stay ending on Feb 15 2014, I 94 valid till Feb 2016. PERM filed with company A early this year.

    1. Company B has applied for New Cap H1, selected in lotterty and under processing.

    2. Looks like, due to Contractual reasons I may not be able to Join Company B.

    My Questions are

    1. If I want to transfer to company C, Do I need the copy of the Approved H1b petition from B or is it enough if I provide the online status copy <My WAC petition # and status as Approved>.Not sure, If Company B will provide the petiiton copy one it is approved.

    2. Let us say, If my B petition is approved on Sep 10th. C files petition on Sep 25th on Regular processing and receives the receipt, Will I be able to Join company C on Oct 1st with the receipt. (I will be resigning from A (L1B) on Sep 30, I have a Approved petition from B and not an employee of B, But I want to Join Company C on receipt on Oct 1st)

    3, Just for some reasons, if Company C did not materialize, Then If I need to transfer my Company B's petition to Company A, Can I continute working for Company A on H1 from Oct 1st, If Company A applies for transfer and just with Receipt.

    4. Can employer C file a new petition now <June 2013> or should I need wait till Petition B is approved. <As Quota over for 2013>.

  • #2
    Originally posted by texasmail1 View Post
    I am working for a Company A (L1B) at Arizona with Visa ending on Dec 18,2013, 5 year L1 stay ending on Feb 15 2014, I 94 valid till Feb 2016. PERM filed with company A early this year.

    1. Company B has applied for New Cap H1, selected in lotterty and under processing.

    2. Looks like, due to Contractual reasons I may not be able to Join Company B.

    My Questions are

    1. If I want to transfer to company C, Do I need the copy of the Approved H1b petition from B or is it enough if I provide the online status copy <My WAC petition # and status as Approved>.Not sure, If Company B will provide the petiiton copy one it is approved. -- Technically receipt number is sufficient, but some employers insist on seeing the approval notice.

    2. Let us say, If my B petition is approved on Sep 10th. C files petition on Sep 25th on Regular processing and receives the receipt, Will I be able to Join company C on Oct 1st with the receipt. (I will be resigning from A (L1B) on Sep 30, I have a Approved petition from B and not an employee of B, But I want to Join Company C on receipt on Oct 1st) -- Yes, you can. You must join either B or C on Oct 1.

    3, Just for some reasons, if Company C did not materialize, Then If I need to transfer my Company B's petition to Company A, Can I continute working for Company A on H1 from Oct 1st, If Company A applies for transfer and just with Receipt. -- A must file their petition before Oct 1 (USCIS receipt date).

    4. Can employer C file a new petition now <June 2013> or should I need wait till Petition B is approved. <As Quota over for 2013>. -- It needs to be approved first.
    See above.
    This is my opinion and not legal advice.

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