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H1 B Transfer to New Employer

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  • H1 B Transfer to New Employer

    Hi team,

    My current I94 is valid till 16th April with employer A. I now have a job offer with employer B and employer B has filed H1 B transfer with USCIS in regular process. Employer B says i can work for them as soon as i have the receipt(not sure if its fedex or USCIS acknowledgement). Please help me understand the below scenario:

    1. I have put my resignation with a 10 days notice period with employer A, what if employer A cancels my work permit as i am leaving???? Would my H1 B transfer with employer B be successful. Will USCIS consider the new petition from employer B since employer A cancels my work permit.

    Please help me understand as i need to decide my course of action further.

  • #2
    Originally posted by varaprasadm34 View Post
    Hi team,

    My current I94 is valid till 16th April with employer A. I now have a job offer with employer B and employer B has filed H1 B transfer with USCIS in regular process. Employer B says i can work for them as soon as i have the receipt(not sure if its fedex or USCIS acknowledgement). Please help me understand the below scenario:

    1. I have put my resignation with a 10 days notice period with employer A, what if employer A cancels my work permit as i am leaving???? Would my H1 B transfer with employer B be successful. Will USCIS consider the new petition from employer B since employer A cancels my work permit.

    Please help me understand as i need to decide my course of action further.
    Technically you can join but it is not recommended.

    It is not advisable to join merely on the USCIS receipt notice, simply because if USCIS eventually denies the petition you go out of status immediately and would need to leave US.

    if employer is in hurry to onboard you ask them to upgrade to premium.

    This is my opinion not legal advice.

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