Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1B Transfer - Risks if we change company before approval

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

  • H1B Transfer - Risks if we change company before approval

    Immihelp Team,

    I am working for company-X on H1B and I have offer with company-Y. Now company-Y is filing H1B-Transfer. Company-Y recruiter is saying that, I can join the company-Y just with H1B-Transfer reciept# and there is no need to wait till it is approved.

    Can you please help to clarify:

    1) If I resign company-X and join company-Y before the H1-Transfer is approved, then for any reason the H1B-Transfer is denied, then will I fall out of status? (FYI - My H1B with company-X is valid for another two years i.e. till 2018)

    2) In case H1B-Transfer is denied after joining Company-Y, can I go back and work for company-X if they are interested to recruit me again (because my H1B is valid for company-X till 2018)?

    3) If answer for question to is NO, then do I need to go back to home country if H1B-Transfer is denied? or Can I search for company-Z who can file H1B for me?


    Thanks in advance!

  • #2
    Originally posted by vinod_help View Post
    Immihelp Team,

    I am working for company-X on H1B and I have offer with company-Y. Now company-Y is filing H1B-Transfer. Company-Y recruiter is saying that, I can join the company-Y just with H1B-Transfer reciept# and there is no need to wait till it is approved.

    Can you please help to clarify:

    1) If I resign company-X and join company-Y before the H1-Transfer is approved, then for any reason the H1B-Transfer is denied, then will I fall out of status? (FYI - My H1B with company-X is valid for another two years i.e. till 2018)

    2) In case H1B-Transfer is denied after joining Company-Y, can I go back and work for company-X if they are interested to recruit me again (because my H1B is valid for company-X till 2018)?

    3) If answer for question to is NO, then do I need to go back to home country if H1B-Transfer is denied? or Can I search for company-Z who can file H1B for me?


    Thanks in advance!
    1. Yes you will go out of status.
    2. No you cannot.
    3. Yes you would have to applying with any other employer would not help much in staying in US.

    This is the reason why it is always recommended to join employer only after approval and not merely on the receipt basis. If employer is keen for you to join early, ask them process in premium.

    Remember,in order to be considered "in status", one needs a valid I-797, I-94 as well as paystub of current employer whose I797 has been approved.

    This is my opinion not legal advice.

    Comment

    Working...
    X