H4 to H1b-Company 1's application is approved,can Company 2 again apply for COS

[snow_white]

Hi, could some one help me for the below case.

Through company A i applied for H1b in 2010 quota and got approved ,but during visa interview i got query(221g blue slip) in India asking more information from the employer. After this i got married and applied for H4 Visa and got visa stamped. Still i have my valid H1b approval notice.

After coming to US, through company B i applied for new H1B 2011 quota along with change of status( H4 to H1B), and received the approval recently.

In the same time i got an opportunity from a very good Company C ,they said they can transfer if i have any existing H1B.(Note: while attending this interview i am in H4 Visa and Company B H1B is also not approved at that time and the approval chance is only 50% because i applied when there is only remaining 200 caps )

My questios are

1) Though Company B's H4 to H1B is already approved ,Can Company C transfer valid H1B(which applied in 2010 quota through Company A) which is already in query state and do change of status?


2) If company C is unable to do the change of status because change of status is already approved via company B , can i do the transfer of Company B's H1B approval notice to Company C? any complications in this?


Waiting for the reply.Thanks in advance!!!

[shervin143]

First of all you need not have filed a fresh H1B on 2011 CAP since you are already CAP counted in 2010 (What is 221g is your visa, ot your petition). You just wasted a CAP that could have been useful to someone else.

Since your H1B with Company B got approved (I am assuming it got approved with a new I-94 since yu mentioned it was a COS), you should be working for the Comany B now. Otherwise you are out of status on H1B and a transfer to any other company is not possible.

Company C can file a transfer using a copy of Company B's approval notice. What is your H1B effective date with Company B? Although you can file the transfer using the petition filed by Company A, I would advise you to use the latest one. You will anyhow need to submit copies of all your approval notices to USCIS while filing the transfer.

[snow_white]

H4 to H1b-Company 1's application is approved,can Company 2 again apply for COS

Thanks for the quick response!!.

I understand i should not have applied for 2011 cap. But Company B shown interest in new H1B than H1B transfer. Also i applied only at the neck of the movement for 2011 H1b.Since there is only hundred cap count available, there is only 25-50% chance for me to get the approval. In the mean time suddenly i got call from Company C for an interview which i applied long before. Everything happened with in 3 days.So i am not sure what to do.

For 2010 H1b, 221g(blue slip) is for Visa asking more information from the employer.

Yes with company B my H1B is approved with I-94, And the effective date with company B is 02/02/2011.

1) So,without joining company B, is that possible to transfer Company B's approval notice to Company c? or Company b's paystub is mandatory?
2) can i work in company B for 2- 3 months and do the transfer to company c?
3) From your answer i believe Company A's H1b approval notice is still valid?
4) While attending interview with Company C i am in H4 status, so they are under impression that Company C should do COS. But now Company B COS is approved , i think my H4 status is invalid.So i think Company C can't apply for H4 to H1B, am i correct? Can i call company C and update that my visa status is changed from H4 to H1b? would like to know your suggestion

Thanks in advance.Your suggestions are valuable!!.

[shervin143]

1) So,without joining company B, is that possible to transfer Company B's approval notice to Company c? or Company b's paystub is mandatory?
>>> You can try. But there are chances of RFE. It is already 5 days since the H1B effective date and you should be working for Company B now since you status has changed to H1B effective Feb 2nd.

2) can i work in company B for 2- 3 months and do the transfer to company c?
>>> Yes. As long as you have proper payslips matching your LCA.

3) From your answer i believe Company A's H1b approval notice is still valid?
>>> Approval notice may or may not be valid. If you are not going to work for Company A, then there is no use with that approval notice. What you need to know is, irrespective of whether the approval notice is valid or not, you can still use the CAP from that petition to file a new H1B under the same CAP with a different employer and request an immediate start date.

4) While attending interview with Company C i am in H4 status, so they are under impression that Company C should do COS. But now Company B COS is approved , i think my H4 status is invalid.So i think Company C can't apply for H4 to H1B, am i correct? Can i call company C and update that my visa status is changed from H4 to H1b? would like to know your suggestion
>>> You are no longer in H4 status. Company C should file a transfer and not a change of status.

[snow_white]

Thanks a lot for your response!!!

[snow_white]

H4 to H1b-Company 1's application is approved,can Company 2 again apply for COS

Hi Shervin,

Just one question.

1) If Company C's visa transfer using Company B's approval notice is not successful, can i still work for Company B? and my H1B status is still valid for Company B?

[shervin143]

Yes, you can continue to work for Company B. That is the best thing to do. Join Company C only after the transfer gets approved instead of joining with just the receipt notice.

[snow_white]

Thanks a lot!!