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H1 Transfer - Please Advice

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  • H1 Transfer - Please Advice

    1. My current employer is company A and I am working as a consultant for
    Company B .
    2. Company B (client) has offered me a full time opportunity.
    3. Company B Premium processed all my paper for H1 transfer and we received the acknowledgement receipt notice (not the approval notice ).
    4. At this point company B is asking me to join as a permanent Employee

    But I have give 2 weeks of notice to my current employer Company A .

    I need to know my H1 status for the below cases .

    a. Before I join the company B , If I get the denial notice from USCIS ? What will happen to my Old H1B? Will I be out-of-status the day USCIS sent denial notice? Will my Old H1 will automatically cancelled too ? . - Assume that my current employer (Company A ) is not willing to cancel my H1B after I submit resignation. Can I still continue with my current employer ( company A ) ?

    b. After I join company B and If I get the denial notice from USCIS ? What will happen to my Old H1B? Will I be out-of-status the day USCIS sent denial notice?

    c. If I don't join Company B even after getting the approval from USCIS . What will happen to my Old H1B?

    Is it advisable to join company B only after getting the Approval notice from USCIS ?

    Please let me know what exactly I can do in these situations.
    Last edited by kannan123; 12-22-2008, 10:42 PM.

  • #2
    Your old H1 petition wont be cancelled automatically unless h1 employer revokes it by notifying USCIS.

    If transfer to B is denied then you can either go back to A(if they have not revoked your petition) or file premium transfer(to minimize out of status period) to another employer.

    Even if petition gets approved for comp B, you can continue working for comp A (provided A haven't revoked your petition).
    I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

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