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H1 transfer and extension - Urgent help required

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  • H1 transfer and extension - Urgent help required

    hi

    I have been on valid H1B for almost 3 years now. My first 3 years of H1B with company A expires on May 15, 2008.

    Now I have an offer with company B.
    Company B is willing to do a H1B transfer and renewal.

    My question is this:

    In order to be able to join company B without any problems what is required ?

    a. Should I get H1B transfer and extension approved before joining
    company B?

    b. Should I just make sure USCIS receives the application packet for
    H1B transfer with renewal before my current H1B expires ( May 15, 2008)

    c. Should I not only make sure USCIS receives the application packet
    but also make sure that I have received the receipt ( not the
    approval , just the receipt) before my current H1B expires ( May 15, 2008)


    According to the note on H-1B Visa Portability on immihelp.com:

    A H1B non-immigrant may begin working for a new H1B employer as soon as that new employer files a "non-frivolous" H1B petition on the non-immigrant's behalf and
    - the non frivolous petition for new employment was filed before the end of
    their period of authorized stay

    What does the term "filed" denote here?



    Can somebody please answer my questions?

  • #2
    a. If you are skeptical about the company B and it is some small consulting company and you do not want to take any risk. This would mean you have to go with premium processing with B and also probably have A extend the H1 as your expiration is close.
    b. Definitely by all means if you want to join B and you should quit working for A after May 15th and start with B.

    c. If you are a moderate risk taker, you can choose to wait for the receipt.

    Filed means USCIS receives the applicatio0n through an approved courier service like Fedex or UPS and the likes and you can start working using AC21.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thank you txh1b for your response.

      Here are few clarifications. I kindly request your response.

      1. My Company B is one of the Fortune 500 companies
      2. My Company A for which I am currently working, has already filed for
      extension and I will receive the receipt by May 5,2008
      3. Now that I will receive receipt for extension of H1B with Company A by May
      5, 2008 can I continue working with company A until Company B files
      H1B transfer with USCIS?
      4. What is AC21?

      Comment


      • #4
        1. Good. That would mean you can begin work upon your H1b paperwork reaching USCIS. AC21 is the law that allows one to start work upon paperwork being delivered to USCIS.
        2. ok
        3. It would be nice if your new company can file your H1b transfer before your current I-94 expires by May 15th. If not, they can still file using Company A's receipt notice but it becomes complicated.Yes, you can continue working for A upto 240 days while a decision is pending and an extension was filed before your I94 expires.
        4. It is the law around H1b portability. Google for it or look it up on immihelp.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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