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  • H1B Transfer Questions

    My current employer filed an H1B on April 1st 2014. The H1B was for the job category IT (15-1199.09 Information Technology Project Manager; 15-1121.00 Computer Systems Analyst; 11-3021.00 Computer and Information Systems Managers). Now I have another job offer to work as Financial Analyst for a big corporation.

    My questions are:

    1) It was told to me that I have to premium process my H1B and then the new employer can file an H1B (“transfer”). Until when can my current employer withdraw my H1B application?

    2) In case the H1B does not get approved or I do not get a number, what other visa options may be available. I think the H2B would work too but I am not sure?

    3) The new employer is moving the headquarters from London to Miami; given this, are there any special visa options available? I am Austrian citizen.

    4) For the H1B transfer – this would be in a different job category (Finance), but my first H1B was in the job category for IT. Is a H1B transfer still possible? Or are there any problems associated with the different job categories?

  • #2
    Originally posted by pete View Post
    My current employer filed an H1B on April 1st 2014. The H1B was for the job category IT (15-1199.09 Information Technology Project Manager; 15-1121.00 Computer Systems Analyst; 11-3021.00 Computer and Information Systems Managers). Now I have another job offer to work as Financial Analyst for a big corporation.

    My questions are:

    1) It was told to me that I have to premium process my H1B and then the new employer can file an H1B (“transfer”). Until when can my current employer withdraw my H1B application?

    2) In case the H1B does not get approved or I do not get a number, what other visa options may be available. I think the H2B would work too but I am not sure?

    3) The new employer is moving the headquarters from London to Miami; given this, are there any special visa options available? I am Austrian citizen.

    4) For the H1B transfer – this would be in a different job category (Finance), but my first H1B was in the job category for IT. Is a H1B transfer still possible? Or are there any problems associated with the different job categories?
    1. As long as its cap counted, it does not matter if your existing employer withdraws the H1. The new employer would have to file their LCA along with the H1 petition, it would be cap exempt, if you are selected in the lottery and can provide the receipt number/approval notice to the new employer.
    2. I dont think the job of a Financial Analyst is "Seasonal" or "One time" to qualify for H2B. Do check with your employer's attorney.
    3. No. If you were working for the new employer, out of US, for at least 1 Year in last 3 Years you could have applied for L1 visa.
    4. I dont think so. As long as you are cap counted, and the newer job also qualifies for H1, it should be fine.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      1. As long as its cap counted, it does not matter if your existing employer withdraws the H1. The new employer would have to file their LCA along with the H1 petition, it would be cap exempt, if you are selected in the lottery and can provide the receipt number/approval notice to the new employer.
      2. I dont think the job of a Financial Analyst is "Seasonal" or "One time" to qualify for H2B. Do check with your employer's attorney.
      3. No. If you were working for the new employer, out of US, for at least 1 Year in last 3 Years you could have applied for L1 visa.
      4. I dont think so. As long as you are cap counted, and the newer job also qualifies for H1, it should be fine.

      This is my opinion not legal advice.
      1) what do you mean with cap counted.... my current H1B application is hopefully within the cap. but for my H1B transfer I would than use the H1B number I got assigned to my first H1B application.

      4) again ... what you mean with cap counted... for the new job I would use the number I got for my initial H1B ... but my first was for IT category and my new H1B "transfer" would be in Finance... and I think I would have to change the H1B job category for the new one... and my worries is just that may be problems... because at first I applied my H1B for an IT Job and now with the new H1B category in Finance it would be a totally different category...

      thanks.

      Comment


      • #4
        Originally posted by pete View Post
        1) what do you mean with cap counted.... my current H1B application is hopefully within the cap. but for my H1B transfer I would than use the H1B number I got assigned to my first H1B application.

        4) again ... what you mean with cap counted... for the new job I would use the number I got for my initial H1B ... but my first was for IT category and my new H1B "transfer" would be in Finance... and I think I would have to change the H1B job category for the new one... and my worries is just that may be problems... because at first I applied my H1B for an IT Job and now with the new H1B category in Finance it would be a totally different category...

        thanks.
        Has the H1 that your employer applied on 01-April-2014 already approved? Have your the approval notice?

        Comment


        • #5
          Originally posted by raghvi View Post
          Has the H1 that your employer applied on 01-April-2014 already approved? Have your the approval notice?
          my current employer filed April 1st 2014. I have not received any feedback about whether I was selected in the lottery.... therefore I would like to make premium processing...

          Comment


          • #6
            Unless you are sure you got selected in lottery and subsequently got the approval notice you are technically not cap counted.

            You can upgrade to premium only after receipt number generation.

            This is my opinion not legal advice.

            Comment


            • #7
              Originally posted by raghvi View Post
              Unless you are sure you got selected in lottery and subsequently got the approval notice you are technically not cap counted.

              You can upgrade to premium only after receipt number generation.

              This is my opinion not legal advice.
              how long does it take to get this receipt number?

              thanks

              Comment


              • #8
                Originally posted by pete View Post
                how long does it take to get this receipt number?

                thanks
                The last I heard was that they were sending out receipt numbers for Advanced Degree (US Master's) who had initially requested Premium Processing. So if you do not belong to US Master's quota and had initially requested for regular processing, it would probably be another couple of weeks before you hear from your employer/attorney about the receipt number.

                This is my opinion not legal advice.

                Comment


                • #9
                  Originally posted by raghvi View Post
                  The last I heard was that they were sending out receipt numbers for Advanced Degree (US Master's) who had initially requested Premium Processing. So if you do not belong to US Master's quota and had initially requested for regular processing, it would probably be another couple of weeks before you hear from your employer/attorney about the receipt number.

                  This is my opinion not legal advice.
                  Hi,

                  I was applying with my Masters degree but just regular processing. Lets see how it goes.... applying a premium processing right away would not help to get the Receipt number faster right?

                  Comment


                  • #10
                    Originally posted by pete View Post
                    Hi,

                    I was applying with my Masters degree but just regular processing. Lets see how it goes.... applying a premium processing right away would not help to get the Receipt number faster right?
                    No. You need to await the receipt number to initiate premium processing now. Further, anyhow you cannot work for the employer , new or old, before 01-Oct-2014, I would suggest you get the approval notice with existing employer, and then initiate a transfer to the new employer rather than initiate transfer with just the receipt number, in premium, it may be costly but would avoid complications.

                    This is my opinion not legal advice.

                    Comment


                    • #11
                      Originally posted by raghvi View Post
                      No. You need to await the receipt number to initiate premium processing now. Further, anyhow you cannot work for the employer , new or old, before 01-Oct-2014, I would suggest you get the approval notice with existing employer, and then initiate a transfer to the new employer rather than initiate transfer with just the receipt number, in premium, it may be costly but would avoid complications.

                      This is my opinion not legal advice.
                      What would be the risk of making the transfer right after the receipt notice and not waiting until I get the approval notice? What complications are you referring to?

                      Comment


                      • #12
                        Hello,

                        My H1B Visa was not selected in the lottery and my OPT ends August 3rd 2014.

                        Now I am considering other Visa options to work/stay in the US and I have some questions.

                        1) H2B Visa --> I am from Austria and I am amongst the eligible countries for a H2B Visa. Would this kind of Visa work for me?

                        2) H3 Visa --> would an H3 Visa work?

                        3) again another F-1 Student Visa, when I enroll into a graduate degree program again? and meanwhile my employer could file a Perm (EB2(a) Visa).

                        4) as for the EB2(A) my specific question are:
                        a) is a transfer of an EB2 (a) visa application possible? and if how does it work?
                        b) how much does the EB2(a) visa cost?

                        5) last question regarding Diversity Visa Program --> I applied by myself and now I checked online - so far I was not selected in the "greencard lottery". Does that mean, I was not picked at all, or does it just mean so far I have not been processed/picked and USCIS is continuing the selection for the Diversity Visa Program?

                        Thanks,

                        Comment

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