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  • H1B issues

    Hi , I finished my Masters in US . I have transferred my H1 form a Employer to Accenture Services and its Approved. I just started my Job.

    The h1 transfer is valid till April 2018

    My old h1 is valid till oct 2017

    Can i still be on the payroll of the new h1 and continue working for 6 months and then transfer back to old employer on old h1 .


    I am confused in joining the company

  • #2
    Originally posted by deathinsane View Post
    Hi , I finished my Masters in US . I have transferred my H1 form a Employer to Accenture Services and its Approved. I just started my Job.

    The h1 transfer is valid till April 2018

    My old h1 is valid till oct 2017

    Can i still be on the payroll of the new h1 and continue working for 6 months and then transfer back to old employer on old h1 .


    I am confused in joining the company
    No. The employer has to file another cap exempt petition.
    This is my opinion not legal advice.

    Comment


    • #3
      Of course

      Originally posted by deathinsane View Post
      Hi , I finished my Masters in US . I have transferred my H1 form a Employer to Accenture Services and its Approved. I just started my Job.

      The h1 transfer is valid till April 2018

      My old h1 is valid till oct 2017

      Can i still be on the payroll of the new h1 and continue working for 6 months and then transfer back to old employer on old h1 .


      I am confused in joining the company
      So long as the prior employer did not withdrawn there petition, you probably will be okay. But normally portability only applies when you applied for a new petition and the petition is still pending. But as long as you were working under the same conditions as was previously approved, I don't see how USCIS is going to determine that you were out of status.

      It would be better however, if your old company does file a new petition for you just to avoid any complications should they arise in the future.
      This is purely my opinion and does not constitute legal advice.

      Comment

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