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H1B transfer before activation

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  • H1B transfer before activation

    I have a question regarding my H1B status.

    I have been working for employer A on TN visa. Employer A filed a petition for H1B visa and I got the notice of approval and the LCA document on ~April 20th, 2013. The H1B visa officially starts on Oct 1, 2013.

    However in the mean time, I applied for a job with two different employers; employer B and employer C. I got offer from Employer B which I accepted. However Employer C later on gave me a much more competitive offer so I accepted and decided to leave employer B. There was time gap between the two offers that mandated me starting with employer B first.

    Employer B filed a petition for TN visa and this petition got approved (TN visa ends July 2016.) I am currently on employer B payroll. Employer B lawyer asked me to provide them with pay stub from Employer B and they would proceed with H1B transfer petition. That did not get done as of yet as I am holding off on providing the required documents.

    Employer C in the mean time decided to bring me in on H1B visa right away, since the offer was very close to the H1B start date. Employer C already filed for H1B transfer on mid of Sept 2013 with regular processing option. However I was not told that I can start working as soon as Oct 1st, 2013 based upon the start date of H1B. Employer C lawyer is going to upgrade to premium processing on end of Sep 2013 in order to get definitive answer before quitting job with employer B.

    Now, the start date with employer C is not finalized yet and is expected to be at the end of October.

    What needs to be done to done to maintain my H1B status or is it already maintained/gone? Should I let employer B file for H1B transfer petition?


    Your help is greatly appreciated...

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