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  • Parallel H1B Transfer

    Hi Friends,
    Can anyone help me with my following situation-

    I'm currently on H1B in US. I'm planning to change Job. Company A has already submitted the petition for H1B Transfer. But I may get offer from another company B which I'm more interested to join.both are going to apply in premium transfer.

    Q 1 - If the transfer to company A is in progress ( means USCIS has not made a decision) and Company B files for transfer, Is there going to be any impact on the decision for aproving the transfer either to company B or company A ?

    Q 2 - If company B petition filing Reaches USCIS after transfer to Company A is approved, is there going to be any issue for USCIS approving the transfer to company B ?


    Thanks in advance!

  • #2
    Q 1 - If the transfer to company A is in progress ( means USCIS has not made a decision) and Company B files for transfer, Is there going to be any impact on the decision for aproving the transfer either to company B or company A ?
    >>> No.

    Q 2 - If company B petition filing Reaches USCIS after transfer to Company A is approved, is there going to be any issue for USCIS approving the transfer to company B ?
    >>> No.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks SHervin! Appreciate your response.. I have another question -

      Q- Is there any risk if another 3rd company 'C' files for transfer ? i.e 3 companies filing for transfer simultaneously or with some overlap....

      Q - my wife is in India and her H4 Visa is expired. can she go for stamping with dependent of my current H1B or she should wait till the H1B transfer is aproved ?

      Q- if she goes for H4 stamping with dependent of my current H1B But my H1B is transferred to a different company before she comes back to USA, Can she come with the previously stamped H4 (i.e dependent of my previous company H1B ) ? OR she needs to go for H4 stamping again (as dependent of my new employer's H1B) before entering into USA ?


      Thanks Again!

      Comment


      • #4
        Q- Is there any risk if another 3rd company 'C' files for transfer ? i.e 3 companies filing for transfer simultaneously or with some overlap....
        >>> No.

        Q - my wife is in India and her H4 Visa is expired. can she go for stamping with dependent of my current H1B or she should wait till the H1B transfer is aproved ?
        >>> She will need to gof or stamping with the approval notice of whichever company you will be employed on the date of her H4 visa interview.

        Q- if she goes for H4 stamping with dependent of my current H1B But my H1B is transferred to a different company before she comes back to USA, Can she come with the previously stamped H4 (i.e dependent of my previous company H1B ) ? OR she needs to go for H4 stamping again (as dependent of my new employer's H1B) before entering into USA ?
        >>> She can use her existing valid H4 visa and your approval notice that corresponds to whichever employer you will be working at that time.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Shervin,

          I didn't get your last answer.

          Do you mean, She can enter into USA with a H4 visa stamped as dependent of my previous employer's H1B and Just carry the approval notice of my current employer's H1 ?

          Thanks in Adavnce!

          Comment


          • #6
            Yes.

            Originally posted by mitforum View Post
            Do you mean, She can enter into USA with a H4 visa stamped as dependent of my previous employer's H1B and Just carry the approval notice of my current employer's H1 ?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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