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  • H1B transfer to another employer without approval from current

    Hello,

    I am on an H1B visa with a I-94 valid until August 2016.
    I moved out from Company A to Company B on December 1 after getting the receipt number from the petition filed by company B. Now, there is another company (Company C) that I was really interested that is planning to file for my H1b and I want to join them because it's local to where I live.
    Considering that its already 16 days since I have joined Company B, and my H1B is under regular processing (not approved yet), can I do another transfer to Company C with the help of paystubs from Company B? Or should I wait until I get the approval (H1b approval) for Company B first before moving on.

    The reason I ask is that Company C might not wait that long.

    Please help.

  • #2
    Originally posted by sharma_im View Post
    Hello,

    I am on an H1B visa with a I-94 valid until August 2016.
    I moved out from Company A to Company B on December 1 after getting the receipt number from the petition filed by company B. Now, there is another company (Company C) that I was really interested that is planning to file for my H1b and I want to join them because it's local to where I live.
    Considering that its already 16 days since I have joined Company B, and my H1B is under regular processing (not approved yet), can I do another transfer to Company C with the help of paystubs from Company B? Or should I wait until I get the approval (H1b approval) for Company B first before moving on.

    The reason I ask is that Company C might not wait that long.

    Please help.
    You should wait until you get final decision for company B.

    Comment


    • #3
      Originally posted by Paskhan View Post
      You should wait until you get final decision for company B.
      Thanks Paskhan for the reply!

      Well, I originally thought it's wise to wait until I get the approval from Company B, but it seems in the current project that I am on since December 1, it's on an EVVC model which might bring up issues for the visa approval.
      Where as Company C actually has direct clients themselves and has a better career path.

      I talked with Company C and they said that I do not need to have any H1b documentation from Company B, I just the paystubs to prove that I was in valid status after moving out of Company A.

      Do you still think there might be issues with this sort of strategy?

      Comment


      • #4
        Following up!

        Hello Everyone going through this post, could you please help me with the query?
        Thanks a ton!

        Comment


        • #5
          Appreciate any help. Thank you so much in advance.

          Comment


          • #6
            Well technically C can file their own cap exempt petition for you but it will be treated as a bridge petition, which in turn means that unless B's petition is approved, C's decision would either be held up or would get approved as consular process(without an I-94). Read around for bride petition details.

            This is my opinion not legal advice.

            Comment


            • #7
              Originally posted by raghvi View Post
              Well technically C can file their own cap exempt petition for you but it will be treated as a bridge petition, which in turn means that unless B's petition is approved, C's decision would either be held up or would get approved as consular process(without an I-94). Read around for bride petition details.

              This is my opinion not legal advice.
              Thank you Raghvi for your advice. I am not sure if C gave me correct advice then - they said that they don't need any documentation from B except for the payslips and this will NOT be considered as bridge petition. . They just need the payslips so that they can prove that I was in legal status when I was transitioning (during my time at B) from A to C.

              I should probably talk to a lawyer soon then.

              Comment


              • #8
                Originally posted by sharma_im View Post
                Thank you Raghvi for your advice. I am not sure if C gave me correct advice then - they said that they don't need any documentation from B except for the payslips and this will NOT be considered as bridge petition. . They just need the payslips so that they can prove that I was in legal status when I was transitioning (during my time at B) from A to C.

                I should probably talk to a lawyer soon then.
                Just one more thing - My I94 is valid until April of 2016. If I have a valid I-94, will it still go under Bridge Petition?

                Comment


                • #9
                  Originally posted by sharma_im View Post
                  Thank you Raghvi for your advice. I am not sure if C gave me correct advice then - they said that they don't need any documentation from B except for the payslips and this will NOT be considered as bridge petition. . They just need the payslips so that they can prove that I was in legal status when I was transitioning (during my time at B) from A to C.

                  I should probably talk to a lawyer soon then.
                  Merely having payslips from an employer does not prove valid status. Having payslips for an employer who had an approved petition, along with I-94, for that duration proves ones valid status.

                  This is my opinion not legal advice.

                  Comment


                  • #10
                    Originally posted by raghvi View Post
                    Merely having payslips from an employer does not prove valid status. Having payslips for an employer who had an approved petition, along with I-94, for that duration proves ones valid status.

                    This is my opinion not legal advice.
                    I guess you are right. Will having a valid I94 (valid until April 2016) be of any help in this scenario, especially avoiding bridge petitions. Because currently I am on an EVVVC model which has slim chances of getting approved. C on the other hand would be an EC model, but I want to join only if B's pending petition has no impact. Again - valid I-94.

                    My apologies for the dumb questions if any. And many thanks Raghvi!

                    Comment


                    • #11
                      Originally posted by sharma_im View Post
                      I guess you are right. Will having a valid I94 (valid until April 2016) be of any help in this scenario, especially avoiding bridge petitions. Because currently I am on an EVVVC model which has slim chances of getting approved. C on the other hand would be an EC model, but I want to join only if B's pending petition has no impact. Again - valid I-94.

                      My apologies for the dumb questions if any. And many thanks Raghvi!
                      I would stongly suggest having C apply their petition in premium as consular process. Leave US, and re enter with C's petition, and if possible, C's visa as current visa seems to be expiring in next 4 Months.

                      This is my opinion not legal advice.

                      Comment


                      • #12
                        Originally posted by raghvi View Post
                        I would stongly suggest having C apply their petition in premium as consular process. Leave US, and re enter with C's petition, and if possible, C's visa as current visa seems to be expiring in next 4 Months.

                        This is my opinion not legal advice.
                        Thanks Raghvi for your opinion. Will definitely keep this point during discussions with C. Thanks again.

                        Comment

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