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  • H1 Transfer - Multiple Employers

    I am working for employer B since last two months. I had applied for transfer of my H1 visa from my original employer A to B which was approved and I now have a separate H1 approval for my current employer B.

    I have found a new job with employer C. They have applied for transfer of my H1 as well and have received the application receipt. However when they applied, I had not received the new approval petition for employer B and hence all paperwork was based on approval petition of my earlier employer A.

    I have couple of questions. I would be grateful if somebody can provide their expert opinion on this.


    1. Can I resign from my current employer B with my last working date as 26th June and join the new employer C on 1st of July (on basis of H1 transfer application receipt)? I require these 4 days to relocate to new location etc, but I am not sure if I will lose my status because of this 4 days gap in employment.

    2. If employer B revokes my H1 after I join employer C, will that have any affect on approval of pending H1 transfer application? I am sure that my original employer A will continue to maintain my H1 with that company for atleast couple of more months.

    Thanks for your responses.
    Last edited by DF08; 06-12-2009, 04:26 PM.

  • #2
    Originally posted by DF08 View Post
    I am working for employer B since last two months. I had applied for transfer of my H1 visa from my original employer A to B which was approved and I now have a separate H1 approval for my current employer B.

    I have found a new job with employer C. They have applied for transfer of my H1 as well and have received the application receipt. However when they applied, I had not received the new approval petition for employer B and hence all paperwork was based on approval petition of my earlier employer A.

    I have couple of questions. I would be grateful if somebody can provide their expert opinion on this.


    1. Can I resign from my current employer B with my last working date as 26th June and join the new employer C on 1st of July (on basis of H1 transfer application receipt)? I require these 4 days to relocate to new location etc, but I am not sure if I will lose my status because of this 4 days gap in employment.

    Yes you can join C using your receipt.You can resign after relocating. To be safe you can also wait for C's approval.

    2. If employer B revokes my H1 after I join employer C, will that have any affect on approval of pending H1 transfer application? I am sure that my original employer A will continue to maintain my H1 with that company for atleast couple of more months.

    It will not affect the petition but if transfer is denied you will either have to join A or leave the country.


    Thanks for your responses.
    Answers above.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thanks for your reply.
      Actually I will have to resign on 15th so that I can serve notice period of two work weeks which ends on 26th. The new employer wants me to join from 1st of next month and hence I was thinking of using those 4 days for relocation as the new job is in different state. Not sure if that's possible without affecting the status.

      Comment


      • #4
        Seems fine.
        This is my opinion and not legal advice.

        Comment

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