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I got a job offer from a new company. This company wants to apply for my H1-B transfer before I could give a notice to my present employer. Is this a normal process? Will it prevent me from negotiating with my present company? Can the H1-B transfer be canceled once it has been initiated?
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It is recommended to start the H1 transfer process only when the H1 holder has decided to change employer. It is normal to apply for transfer in advance, once you have receipt notice (for e.g. FedEx), you can notify your company. Once its transferred, you can not work for the old company.
I am not sure if a H1 transfer petition can be canceled, most probably this won't work, but still - please wait for advise from other members. -
actually when the H1 is tranfered the earlier H1 does not cease to exist, it is still valid and kicking. It is not like COS where the previous status is gone upon approval.
What happens during "transfer" is that the new employer also files for an H1 and shows that the applicant already is in H1 status and is not subject to cap. Unless the old employer withdrwas the H1 that petition stays valid till it expires.
You can choose to remain working with either employer for as long as the petitions are valid.
You may choose to join the new employer as soon as you get the receipt for new H1 or wait till it is approved ar any time in between.
In fact the ability to start working as soon as the receipt came was allowed only in 2001-2 before that you had to wait for approval which at that time could take upto 1.5 years.Comment
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