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  • H1B Transfer

    I have been working in US on L1 visa for employer A since 2010. Applied H1B visa through another employer B where the petition is applied but didn't apply COS so continued working for the employer A on L1B. I am planning to make use of my H1B petition and the employer B is amending the petition and sending it to USCIS for approval. If the petition is approved, will I be able to transfer that visa to a new employer immediately. One of my friend is suggesting that I should stay with the H1B employer's payroll for 2-3 months before transferring it to a new employer. The reason being, to avoid any RFE with H1B transfer.

    I am sure some of the people might have been in my situation earlier so would like to know if there is a way to transfer the H1B to new employer , once it is approved or Is it wise to wait for sometime before going forward with H1B transfer thing. Please suggest.
    Last edited by H1Bvisaquery; 04-29-2015, 10:13 PM.

  • #2
    Originally posted by H1Bvisaquery View Post
    I have been working in US on L1 visa for employer A since 2010. Applied H1B visa through another employer B where the petition is applied but didn't apply COS so continued working for the employer A on L1B. I am planning to make use of my H1B petition and the employer B is amending the petition and sending it to USCIS for approval. If the petition is approved, will I be able to transfer that visa to a new employer immediately. One of my friend is suggesting that I should stay with the H1B employer's payroll for 2-3 months before transferring it to a new employer. The reason being, to avoid any RFE with H1B transfer.

    I am sure some of the people might have been in my situation earlier so would like to know if there is a way to transfer the H1B to new employer , once it is approved or Is it wise to wait for sometime before going forward with H1B transfer thing. Please suggest.
    Why would you want to join B and then within a week or so join Employer C? Might as well ask C to use B's petition to file a COS.

    This is my opinion not legal advice.

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    • #3
      Originally posted by raghvi View Post
      Why would you want to join B and then within a week or so join Employer C? Might as well ask C to use B's petition to file a COS.

      This is my opinion not legal advice.
      Emploer B has filed for COS by the time I got the offer from employer C so have asked C to wait to check the outcome of the COS approval and proceed with transfer. I am guessing legally it shouldn't be a problem.

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