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H1 Pending Transfer

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  • H1 Pending Transfer

    Hi,

    Company A applied for my H1B and is pending approval. I have a receipt number. I got laid off by Company A. Can Company B do a H1 transfer before(with just the receipt #) my H1B is approved ?

    Thanks!

  • #2
    Where are you located? What was your status before H1 (if in the US)? When does your last I-94 expire?
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      Where are you located? What was your status before H1 (if in the US)? When does your last I-94 expire?
      I'm located in California. I was previously on F1-OPT which recently expired. Right now since I got laid off and my ex-company is in process to withdraw my H1 petition, I'm on the 60 day grace period. So I'm guessing my I-94 expires on February 13, 2012, the day my 60 day grace period ends?

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      • #4
        Receipt number is generally sufficient to prove that you have been cap-counted. But it is not clear whether USCIS treats only approved petitions as cap counted or just received petitions as cap counted. An experienced lawyer may be able to answer.
        This is my opinion and not legal advice.

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