H-1B Transfer from company W to Company X on receipt of the transfer

[fj_123]

Hello Everyone ,
I currently work for employer "W" on a H-1B and have received an better opportunity from other company say "X" .Since the USCIS has currently suspended premium processing for all H1B's premium processing is not possible . So the new company "X" is asking to join on the receipt of the H1B transfer .
My question is what is the risk of joining company X just on the receipt of the transfer and what if I join the new company after which I get a denial for the H1B transfer ? what will be my status then and what can I do about it ?

Any help would be appreciated .

Thanks a Lot !!

[droid0585]

Hi,

USCIS has only suspended the premium processing for extension of visa, not for the transfer cases.
I have gone through there website and it only says about extension of visa. so dont worry about transfer.

Thanks

[fj_123]

Hi,

USCIS has only suspended the premium processing for extension of visa, not for the transfer cases.
I have gone through there website and it only says about extension of visa. so dont worry about transfer.

Thanks

Hi droid0585,
Thanks a lot for the Reply !! Even I thought exactly same , however after doing some digging , speaking with the attorney from the company X and calling uscis , it seems we cannot file for a transfer under premium . Due to this I wanted to understand the risks .

Please refer below from uscis site. I did not completely understand the statements though !


Premium Processing Remains Available for Certain H-1B Petitions
Premium processing remains available for:

Form I-129 H-1B petitions subject to the H-1B cap and cap exempt petitions, as long as the petition is requesting:
A change of nonimmigrant status, or
Consular notification;
Form I-129 H-1B petitions filed on behalf of individuals who already have H-1B nonimmigrant status, as long as the petition is requesting:
Consular notification, or
An amendment of a previously approved petition that does not include a request for an extension of stay;

[droid0585]

Hi,

It says the premium processing will be available.The applications before 26th May would be processed under premium and they stopped accepting in premium after 26 May.
Correct me if i am wrong.
Ref Link..http://www.jdsupra.com/legalnews/usc...premium-10319/

Hi droid0585,
Thanks a lot for the Reply !! Even I thought exactly same , however after doing some digging , speaking with the attorney from the company X and calling uscis , it seems we cannot file for a transfer under premium . Due to this I wanted to understand the risks .

Please refer below from uscis site. I did not completely understand the statements though !


Premium Processing Remains Available for Certain H-1B Petitions
Premium processing remains available for:

Form I-129 H-1B petitions subject to the H-1B cap and cap exempt petitions, as long as the petition is requesting:
A change of nonimmigrant status, or
Consular notification;
Form I-129 H-1B petitions filed on behalf of individuals who already have H-1B nonimmigrant status, as long as the petition is requesting:
Consular notification, or
An amendment of a previously approved petition that does not include a request for an extension of stay;