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H1B Visa Different employer filing for H1B

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  • H1B Visa Different employer filing for H1B

    Scenario: I am on currently on OPT and working for company A, however due to some policy change my current company (A) cannot file H1B. However, they have connections with another company B which is ready to file my H1B and LCA.
    And if approved in December

    Question: Will there be an issue if some other company files for my H1B instead of the company that I am currenlty working for?
    Which company should run my payroll.
    Last edited by krabarab; 03-23-2019, 09:20 PM. Reason: H1B

  • #2
    The ultimate parent company is the company that is expected to be sponsor. So if both companies are part of the same parent company (having full control of the entity) that should be fine in terms of payroll. Now, because of part of the H1-B process requires the Job posting at a specific location, the company that should be sponsoring you should be the one where you will be performing your job. So the question is: are these two companies in different locations and are they part of the same parent company?
    EB2 - National Benefits Center (I-485/I-765/I-131)
    - Priority Date: 10/19/2018
    - Biometrics NOA: 11/09/2018
    - Biometrics Appt: 11/26/2018
    - Fingerprint Review Completed: 11/28/2018 and again on 12/05/2018
    - Combo card (I-765/I-131) approved: 05/03/2019
    - Combo card (I-765/I-131) received: 05/10/2019
    - Interview Notice: 10/03/2019
    - Case Approved: 10/04/2019
    - Card in hand: 10/10/2019
    (374 days of DOL/I-140 and 356 days of AOS = 730 days of Green Card Process)


    • #3
      Thanks Spaniard88 for the input, those two different companies, they have client vendor relationship. Company B filed for my LCA now.

      But I dont know if I should transfer my payroll from Company A to Company B?

      Since Company B will be filing for my H1B, and the amount of days left for filing I wont be able to generate any payroll to include it in my H1B filing.