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  • Question on H1B Transfer

    Hi Guru's,

    I came to U.S on Nov 2006 and my Visa and H1B was on Company A and they were valid till Sep 2009.

    After working for more than a year I quit Company A in Mar 2008 and took a fulltime position in an another Company B where my new employer B filed for my H1B transfer and the new H1 is valid till 2012.

    In Nov 2008 my employer B laid off me and told that he will cancel my H1 by the month end of Nov,and they (B) cancelled my H1 in Dec 2008.

    So I again approached my previous employer A for employment and again my previous employer filed for my H1 transfer in Nov 2008 but my hiring is not yet finalized as they have yet to gimme a start date but they have given me an offer letter and I m awaiting to get my H1B doc.

    If they (A) further delay my start date can I join some other consuting Co.
    the point here is since I don't have my H1B how to take this forward,what are the other options I have.

  • #2
    Your new company has to be employing you and paying you from the day of filing if you want to be legal and maintaining your status. As that is not being done, you are currently out of status and no other transfer is possible.

    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
      Subramanya what are your thoughts.

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