Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Transfer of H1B petition to new Employer. [Change of Employer ]

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Transfer of H1B petition to new Employer. [Change of Employer ]

    Hello All,

    I am on H1b with employer "A" and was working for a client "X" thru Employer "A". Now Client "X" wants me to join as a full time employee and is ready to transfer my H1B petition. Employer A has no problem with me transferring to client "X" as a FTE.
    My prospective employer (which is client "X") wants me start right after the transfer petition [ Change of Employer ] reaches USCIS and they say that the receipt number is sufficient to start working for them, they are willing to process the transfer petition [ Change of Employer ] in premium processing.
    The following are my questions around this:

    1) What happens if the petition does not get approved ? does the previous petition still hold good even thou I have already resigned company "A"
    2) Can a transfer petition [ Change of Employer ] have issues ?
    3) Is it true that I can work for Employer "X" based on the receipt number ?
    4) Is it advised to resign the existing employer before the petition is approved ?

    Inputs from experienced individuals are greatly appreciated.

    Thanks !!

  • #2
    Originally posted by thornberry View Post
    Hello All,

    I am on H1b with employer "A" and was working for a client "X" thru Employer "A". Now Client "X" wants me to join as a full time employee and is ready to transfer my H1B petition. Employer A has no problem with me transferring to client "X" as a FTE.
    My prospective employer (which is client "X") wants me start right after the transfer petition [ Change of Employer ] reaches USCIS and they say that the receipt number is sufficient to start working for them, they are willing to process the transfer petition [ Change of Employer ] in premium processing.
    The following are my questions around this:

    1) What happens if the petition does not get approved ? does the previous petition still hold good even thou I have already resigned company "A"
    2) Can a transfer petition [ Change of Employer ] have issues ?
    3) Is it true that I can work for Employer "X" based on the receipt number ?
    4) Is it advised to resign the existing employer before the petition is approved ?

    Inputs from experienced individuals are greatly appreciated.

    Thanks !!
    1. You risk going out of status. Though the previous petition remains valid as per its own date but the catch is that if you are not being paid by A during this adjudication time, you go out of status.
    2. Yes, it can.
    3. Yes legally you can but it is not recommended because if it at all it gets rejected you risk going out of status.
    4. No. They waited for you for so long, how would an additional delay of few weeks hamper ?

    This is my opinion not legal advice.

    Comment


    • #3
      Thank you Raghvi

      Comment

      {{modal[0].title}}

      X

      {{modal[0].content}}

      {{promo.content}}

      Working...
      X