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Need Help on H1B Transfer

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  • Need Help on H1B Transfer

    Hey,

    Currently, I am working on H1 for an employer A. I got an offer from a very good company B. Company B had applied for LCA and should recieve it in couple of days.

    HR from company B is suggesting me to stick to the below plan..
    1. As soon as they recieve LCA, I can give (2 weeks) notice to my current employer.
    2. Before completion of two weeks notice.. Company B will file H1B transfer so that we get reciept notice before I start the work.

    Note: Company A and Company B are very good companies.

    Can anyone please help me answering these questions

    1. Can I stick to the plan.. or do you forsee any issue ?

    2. I know, there is a risk of H1B transfer getting denied.. but company B is very reputed. What are the chances of H1B getting denied ..?

    3. Usually, when will company A revoke my H1..?

    4. Usually, it would be 2 weeks notice.. what if I move out of company earlier (one and half week)..

    Since it is good offer from company B.. I am in a state of dilemma.

    I request you to please help me.

    Thanks in Advance

  • #2
    Never give your 2 week notice unless the H1b is already filed by the new employer and USCIS has received the petition.

    Many companies walk people out on notice and you may land up in trouble if that happens.

    Safe bet is to move only after getting the approval but if the company is reputed and it is not a consulting company, you can move on basis of receipt of the application.

    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
      Stick to what 'txh1b' has said!

      I happened to change my H1B from company A to company B. It took 3 months for 'normal' filing process & we never know whether its going to approve or not. I would suggest you to go for 'Premium' process with that you can get to know the result in 1 or 2 weeks!! Normally no company (company B) would go for Premium process but you can ask them or you can spend $1000 from your pocket.

      Nowadays USCIS rules are very strict so company A might revoke your petition as soon as you put your papers!!

      Play safe!! Ask company B to file your transfer quickly and extend your joining date that way you get your INS receipt from comany B while working for company A.

      ...hope this will help! Good luck!

      Thanks!

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