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H1 Transfer Help

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  • H1 Transfer Help

    Hi All,

    I need advice on my case

    1, Visa from X MNC India is still 2016

    2. Got offer fron Y MNC (India based)

    3. LCA is ready for use by 28th Jan 2015

    4. For some reason i am in thought not to join this company and stay back with original employer

    5. Offer from Y Company has clause if you dont join after H1 is filled then i have to pay amound per law

    6. Y filing visa on premiun

    I have following questions

    1. If i dont want to join Y Company will it be a legal issue , They have told my LCA is ready for use from 28th Jan

    2. If i want to join company Y , meaning i have resign X will H1 B will cancelled on same day i resign

    Will my employer X be aware of transfer process


  • #2
    Iam in USA, I shall ressign only afte H1 got approved ,iam worrying if rescind offer will it be a legal issue

    Originally posted by Ria Mona
    lets go one at a time
    LCA is still in Process so you can reject ys offer
    you still haven't confirmed r u in USA or India
    and once you resign your H1B revoking Procedure takes 2 weeks by when your h1B transfer should occur
    if you have any further questions pls let me know


    • #3
      Please help need urgent advice

      Hello all,

      My friend is not sure if she is out of status and has not received clear answers from multiple lawyers she has consulted.

      She is currently undergoing a H1-B visa transfer from company A to company B. Company A has not revoked her visa. Her visa transfer request was recently denied, but company B has been given thirty days to appeal.

      Her questions is she accruing out of status days during these thirty days?

      She is concerned because 1) she is not prepared to go home since she thought the visa transfer would be approved and 2) she is the maid-of-honor in her twin sisters wedding, which is two weeks away. Her sister is marrying a US Citizen.

      She is obviously concerned that if she is out of status and stays for her sisters wedding that she will accrue out of status days and having difficulties returning to the US. We are preparing to file a COS, but we need to know if she is in status to do so. We have heard from lawyers and they cannot agree on whether she is in status or out of status right now.

      Please let us know your thoughts.