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  • H Visa Transfer to a New Employer_Need urgent Help

    Hi ,
    I came from India through India based IT company with H-1B visa and working here @ USA for one of our customer. Now i got a good oppertunity and wanted to
    transfer my H-1B ( along with H4 for Spouse) to the new employer .I got the offer letter and the new employer have posted the LCA and its done now.now the next
    step they are going to initiate the H- 1B visa transfer .here i need help to understand ,

    1. When I can resign from my current employer, as per new employer ,as we got the LCA posted and once we got the email recipt of Visa transfer ( after 3-4 days from
    the date of visa transfer process) i can resign from my current employer and join with new employer.could you please let me know if there will be any issue here ?

    i. Is it legally allowed ,before visa transfer completed and only with LCA posted and visa transfer recipt should i resign from current employer and join new employer ?
    ii. Even if its legally allowed , Is there any risk of doing this ? as i wont be having my visa transfer with my new employer and if later ,there will be any issue during
    visa transfer and i have already resigned from current employer.pls let m eknow.


    2. The New Employer is asking not to process anything with H4 ( Spouse) and leave it as I -94 is still valid for next 6 months and latter they will process it.
    i. Is it legally allowed not to process with H4 now and let it be with current employer as I 94 is still valid and get it process before it expire ,latter ?
    ii. Even if its legally allowed , Is there any risk of doing this ?

    I need this infoormation ASAP as i need to take the Decision Immideately ,please help me.

    Thank You in Advance.

  • #2
    Originally posted by Omm123 View Post
    Hi ,
    I came from India through India based IT company with H-1B visa and working here @ USA for one of our customer. Now i got a good oppertunity and wanted to
    transfer my H-1B ( along with H4 for Spouse) to the new employer .I got the offer letter and the new employer have posted the LCA and its done now.now the next
    step they are going to initiate the H- 1B visa transfer .here i need help to understand ,

    1. When I can resign from my current employer, as per new employer ,as we got the LCA posted and once we got the email recipt of Visa transfer ( after 3-4 days from
    the date of visa transfer process) i can resign from my current employer and join with new employer.could you please let me know if there will be any issue here ?

    i. Is it legally allowed ,before visa transfer completed and only with LCA posted and visa transfer recipt should i resign from current employer and join new employer ?
    ii. Even if its legally allowed , Is there any risk of doing this ? as i wont be having my visa transfer with my new employer and if later ,there will be any issue during
    visa transfer and i have already resigned from current employer.pls let m eknow.


    2. The New Employer is asking not to process anything with H4 ( Spouse) and leave it as I -94 is still valid for next 6 months and latter they will process it.
    i. Is it legally allowed not to process with H4 now and let it be with current employer as I 94 is still valid and get it process before it expire ,latter ?
    ii. Even if its legally allowed , Is there any risk of doing this ?

    I need this infoormation ASAP as i need to take the Decision Immideately ,please help me.

    Thank You in Advance.
    Hello,

    What i know is that basis a filed transfer application, you are good to start work with the new employer. At present you have a valid H1, when you file for a transfer, then you are in a status pending decision - as your H1B is valid in this duration, you are ok to work with the new employer, provided the transfer petition has been filed in totality.

    There is no risk, as such, but yes, every time you file a petition, you are, in a way, presenting yourself in front of them. With proper paperwork, there is nothing to worry. However, the outcome / decision is never fully known.

    I do not know the answer to the H4 question. I am sorry. But, on the face of it, she has a valid visa for some more time, so nothing to stress about.

    Hope this helps.

    Cheers,
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

    Comment


    • #3
      Originally posted by Nattybone View Post
      Hello,

      What i know is that basis a filed transfer application, you are good to start work with the new employer. At present you have a valid H1, when you file for a transfer, then you are in a status pending decision - as your H1B is valid in this duration, you are ok to work with the new employer, provided the transfer petition has been filed in totality.

      There is no risk, as such, but yes, every time you file a petition, you are, in a way, presenting yourself in front of them. With proper paperwork, there is nothing to worry. However, the outcome / decision is never fully known.

      I do not know the answer to the H4 question. I am sorry. But, on the face of it, she has a valid visa for some more time, so nothing to stress about.

      Hope this helps.

      Cheers,


      ************************************

      Thank You Very much Nattybone ,Yes ...This information helps a lot...

      Comment


      • #4
        Originally posted by Omm123 View Post
        ************************************

        Thank You Very much Nattybone ,Yes ...This information helps a lot...
        You are welcome, Omm.

        I would like to share one more thing, in between changing employers, please DO NOT have even 1 day of gap. Else, your H1B will be out of status on account of you being unemployed for 1 day.

        i.e.: On papers, if you leave a company on 13th of a month, then you should begin working with the new employer from the 14th. Not even a day's gap is allowed.

        Hope this helps. Wishing you luck.

        Cheers,
        These are my personal thoughts. I am not a professional.

        Wishing you luck.

        Comment


        • #5
          Thank You Very much Nattybone

          Comment


          • #6
            Need Urgent Help - H1B Transfer Process and Travel to india during that period.

            I changed my job from Company A to B and transferred my H1B visa to Company B .but in company B i got only 6 months of visa approval and since its a very small company.
            Now i joined a big company ( company C) and now i applied for a H1B visa Transfer.

            My H 1B Visa Status

            Company A - Valid till 2020
            Company B - Will expire in Nov 2018 ( after 2 weeks from Now)
            Company C - Applied for H 1B transfer in normal process. received the receipt but not yet approved

            Now i have to go to India in 10th January 2018 for 3 weeks .

            Pls. suggest if i can Use my Stamped visa ( from Company A) while going and coming back to USA as its stamped in my passport and valid till 2020

            In company C my H1B Transfer is still in process, its submitted on sept 2018 and received the receipt but not yet approved


            Pls. suggest

            Thanks

            Comment

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