H1B transfer receipt notice

[gauravhawk]

Hi,

My company has filed for H1B petition for me and I have received the receipt too. But I am not sure whether they filed for a transfer or a fresh application. Can you please tell me if the H1B transfer receipt notice says something different on it compared to a receipt of fresh application? Please advise. It is highly critical in planing my next move.

Awaiting response.
Gaurav

[kabkaba]

There is no difference between transfer or fresh application. It is just a petition filed by an employer. If the beneficiary is already in the US in H1 status, the new employer checks the 'extend status' box, if not they check the 'get visa' box. You can simply ask the employer which box they checked.

[gauravhawk]

Thanks for the reply Ka****. Actually, I am not in H1 status right now. I am on OPT and I have 1 H1B approval from my prevoius company which was supposed to start on Oct 1, 2010. But I changed the company and the current company has filed my H1B petition using the approval notice from the previous company so that I would not be counted against quota again. The H1B will also start on Oct 1, 2010. This new application is still pending. Should I consider this as a transfer application or a fresh petition since they have used H1B approval notice from my last company?

Please advise.

[kabkaba]

It does not matter. You can work for any one of the employers.

[gauravhawk]

Thanks for the reply. Do you mean to say, on Oct 1, 2010 I can work for my current employer even if the H1B petition is pending with USCIS? I understand that portability of H1B but I understand that it is good only when one is in H1B status. As of now, I am on OPT and on Oct 1, 2010 my status will change to H1B automatically. But I am no more with the last employer who got my H1B apprpoved starting Oct 1, 2010. Please advise as how can then I be able to work for my new employer provided his petition remain pending with USCIS past Oct 1, 2010.

Thanks
Gaurav

[kabkaba]

You can consult an attorney but here is my view.
For H1 petitions filed for people already in H1 status (called as transfers by some), beneficiaries are allowed to work for new employer even with the receipt because their previous status allows for work. I would still say you can work for the second petitioner from Oct 1 even if their petition is pending.
You can also apply for premium processing and get a decision before Oct 1.