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  • New H1-B Transfer while in process

    Hi all,

    I see a lot of posts regarding transfers for current H-1B holder. However, I see nothing for a new H-1B transfer. Please point me to a thread if it already exists.

    I currently work in the US under TN Visa. My current employer (A) applied for H1-B this year and I have the receipt notice. I understand that the approval notice could take some time and I will get the actual visa in October (if everything goes well). However, I have an offer outstanding from Company B. When would Company B be able to transfer my H1-B visa? Can they transfer the receipt number? Do I have to wait for the H-1B to get approved?

    Please advice.

    Thanks,
    AD

  • #2
    Originally posted by alphadelta View Post
    Hi all,

    I see a lot of posts regarding transfers for current H-1B holder. However, I see nothing for a new H-1B transfer. Please point me to a thread if it already exists.

    I currently work in the US under TN Visa. My current employer (A) applied for H1-B this year and I have the receipt notice. I understand that the approval notice could take some time and I will get the actual visa in October (if everything goes well). However, I have an offer outstanding from Company B. When would Company B be able to transfer my H1-B visa? Can they transfer the receipt number? Do I have to wait for the H-1B to get approved?

    Please advice.

    Thanks,
    AD
    Search for "H1B transfer before 01 October" in any search engine. In the past USCIS used to approve an H1 "transfer" even before it was activated, but of late they have been raising RFEs as to how one can claim cap exemption and file a transfer even before the H1 cap became valid .

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Search for "H1B transfer before 01 October" in any search engine. In the past USCIS used to approve an H1 "transfer" even before it was activated, but of late they have been raising RFEs as to how one can claim cap exemption and file a transfer even before the H1 cap became valid .

      This is my opinion not legal advice.
      Thanks for the quick reply! So just to be clear, Company B CAN initiate transferring the visa using the receipt number, but there is a chance of RFE which would be pain in the neck. Is it safest to wait till October?

      Comment


      • #4
        Originally posted by alphadelta View Post
        Thanks for the quick reply! So just to be clear, Company B CAN initiate transferring the visa using the receipt number, but there is a chance of RFE which would be pain in the neck. Is it safest to wait till October?
        Was H1 filed by A as COS?

        Comment

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