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H1B transfer to new employer with pending employer transfer

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  • H1B transfer to new employer with pending employer transfer

    Hello,

    I am on H1-B visa and I recently changed my employer from A to B.
    My employer B applied for transfer (regular processing) on 08/26/2015 and I have started working for employer B on 09/14/2015 with the transfer receipt. The transfer petition is still in pending status.
    My employer B told me that my H1-B status is clean and advised that premium processing is not needed so I went with their decision to go for regular processing.
    I am currently working as a contractor for company C through employer B.
    Now company C (US based insurance company) wants to hire me directly for a permanent position and they are also ready to sponsor me a green card.

    With my current situation, I have lots of questions going on my mind. Please help me with your suggestions.

    1) My employer A revoked my previous H1B petition on 09/28/2015. Since my transfer with employer B is still pending, employer B informed me that this is not a problem as I have 240 days before I get the status of the transfer. Is this right?
    2) Can I transfer to company C with company B's transfer petition still in pending status?
    3) Can I ask company B to change to premium processing, get a decision and then ask company C to apply for transfer?
    4) Can I ask company C to apply for transfer with premium processing by using company B's transfer receipt, get it approved and then change to company C?


    Thanks in advance for your help.

    Regards,
    Navidh

  • #2
    Any help will be appreciated.

    Thanks,
    Navidh

    Comment


    • #3
      1) My employer A revoked my previous H1B petition on 09/28/2015. Since my transfer with employer B is still pending, employer B informed me that this is not a problem as I have 240 days before I get the status of the transfer. Is this right?
      >>> What that means is, if you do not get a decision from USCIS for 240 days from the date of filing, then you will have to leave the country immediately since yu already started working for them. The problem here is, if your transfer gets denied or withdrawn by the employer B, you have no option other than to leave the country.

      2) Can I transfer to company C with company B's transfer petition still in pending status?
      >>> You can. But it will be a bridge petition. Meaning, unless employer B's petition gets approved, employer C's petition won't get approved.

      3) Can I ask company B to change to premium processing, get a decision and then ask company C to apply for transfer?
      >>> That would be the best option.

      4) Can I ask company C to apply for transfer with premium processing by using company B's transfer receipt, get it approved and then change to company C?
      >>> You can do that too. Chances of employer C's petition getting approved before employer B's petition approval is less because this case should be treated as bridging. Employer C's petition will get approved before Employer B's petition only if the officer who handles your case overlooks the fact that you have already started working for Company B and their petition is still pending.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        Thanks a lot for your response. That was helpful. I will check with my employer B to see if they can upgrade to premium processing.

        Regards,
        Navidh

        Comment


        • #5
          Hi Navidh,

          I am in same situation right now. Can you please tell me which option did you choose and what was result? are you able to start with company C as full time?

          Thanks,

          Comment


          • #6
            Originally posted by H1Bhelp_2017 View Post
            Hi Navidh,

            I am in same situation right now. Can you please tell me which option did you choose and what was result? are you able to start with company C as full time?

            Thanks,
            I upgraded my petition with company B to premium processing, got it approved and then company C applied for H1B transfer. That transfer has been approved and I am with company C for the last 1 year.

            Comment


            • #7
              Originally posted by H1Bhelp_2017 View Post
              Hi Navidh,

              I am in same situation right now. Can you please tell me which option did you choose and what was result? are you able to start with company C as full time?

              Thanks,
              Hi H1Bhelp_2017
              i am also in the same boat what happened to your case?


              Comment

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