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  • More than one filing for H1-B transfer

    Hi - I recently received an offer from company A and they have started H1-B transfer process. Meanwhile, I am most likely to get another offer from another company B but they may take about 3 weeks time before giving me the offer.

    If I finally decide to join the later company i.e. Company B and they also file then for my H1-B transfer then will there be any issues? Also, the Company A wants me to join in the end of March 2009, so even if they file the H1-B transfer papers anytime now, I won't be joining them until end of March 2009. The Company B may file for H1-B transfer sometime in mid-March 2009. Will there be any issues if I join the Company B? Also, to add to that is another problem, I am being laid-off in the first week of February. Will that also have any other problems? Any suggestions would be greatly appreciated. Thanks!

  • #2
    Originally posted by abra
    I am being laid-off in the first week of February.
    Have you been or being laid off? If so, you are out of status from the day of layoff and you need to be working for a new employer to maintain H1b status and to use any H1b portability provisions for future employers.

    When will your last pay check be coming in from your old employer?

    Also, a company can sue you for making a false promise to join them on H1b if you back off. Decide on one job and let the other company know.

    It is not a good idea to play around and be in the good books as you may never know which company's door you may have to knock on in these troubled times.

    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
      Hi - Thanks for your reply. Yes, I am laid-off and the last pay stub I received is also in first week of February 2009.

      The offer from the Company A does not have any contract with me for employment. In the offer letter they have clearly mentioned as 'at-will' and 'no contract of employment'. So, even if they process my H1-B transfer, can I just NOT join them (company A) if I want to join the company B? The problem is company B has not yet sent me the offer, but I would be more interested in company B. Since I do not have the offer letter right now from company B, so I am stuck in between and chances are they will also send me offer letter before I join company A. My visa in passport has also expired and I am currently on the visa extension. Please suggest. Thanks again!

      Comment


      • #4
        AC21 - H1b portability use is limited to people that are in status at the time of filing of the transfer. You have bigger things to worry about - your status prior to choosing an employer and begin work.

        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


        • #5
          Hi - Do you know if I have any options now? What should I do? Can I still get a job or will USCIS or DoL have issues with H1-B transfer?

          Thanks again!

          Comment


          • #6
            As per the rules, AC21 will not work. USCIS may still accept the transfer. To be safe, I would suggest a Premium Transfer.

            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


            • #7
              Hi - Also, just to clarify my situation, my H1-B has not gone past 6 years, I know I mentioned that I am in visa extension, but I mean within 6 years only, its not past six years. When I searched about AC21 that you mentioned, that time I realized that probably AC21 refers to the green card application. Please correct me if I didn't understand it correctly. I have another almost 2 years left on the H1-B visa. Will AC21 related rules still apply to me?

              Comment


              • #8
                Look for AC21 H1b portability or Cronin Memo.

                http://www.uscis.gov/files/pressrelease/ac21guide.pdf

                https://www.immihelp.com/h1-visa-portability/
                Last edited by txh1b; 02-24-2009, 06:35 PM.

                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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