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!! H1b Tranfer from Company ABC to Company XYZ ..

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  • !! H1b Tranfer from Company ABC to Company XYZ ..

    Hi All,

    I am working with ABC with a valid H1B. Now another company XYZ offered me a job and willing transfer H1b visa from company ABC to XYZ.

    Question:

    1) How long H1b transfer will take
    2) Is stamping required once the H1b is transferred?

    Third one and imp

    3) Consider H1b is transferred from ABC to XYZ. After transfer I changed my mind and I refused to join XYZ. (Stamping is not done)

    Can I travel to US with H1B from Company ABC( Original).

    Please help me in this

    Regards

  • #2
    Originally posted by spookykunnel View Post
    Hi All,

    I am working with ABC with a valid H1B. Now another company XYZ offered me a job and willing transfer H1b visa from company ABC to XYZ.

    Question:

    1) How long H1b transfer will take
    Just like any other petition, 15 days premium, 2 to 3 months regular
    2) Is stamping required once the H1b is transferred?
    New petition will have a new I-94 at the bottom. You can live and work for new employer until the end date on that. If you leave the US and your Visa has expired at that time, you will need to get a Visa in order to return
    Third one and imp

    3) Consider H1b is transferred from ABC to XYZ. After transfer I changed my mind and I refused to join XYZ. (Stamping is not done)

    Technically there is nothing called transfer. Nothing gets transferred. You can work for old employer as long as the I-94 corresponding to old employer is valid.

    Can I travel to US with H1B from Company ABC( Original).

    Are you in the US right now or outside? That will change the above answers.

    Please help me in this

    Regards
    See above.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thanks ,


      I have never been to US .( Never travelled).

      So if I reject the offer from second company ... Can I travel with H1B from my first company.

      Comment


      • #4
        Yes, as long as their petition is valid and the job still exist.

        Originally posted by spookykunnel View Post
        So if I reject the offer from second company ... Can I travel with H1B from my first company.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          !! H1b Tranfer from Company ABC to Company XYZ ..

          I also have question how i94 is related to company this is just port of entry....
          Lets say sombody have 2 i94 one at port of entry and another is from h1b transfer then if person dont join next employer then how it will effect the next port of entry ?



          Do they ask port of entry time who is ur current employer


          Sona

          Comment


          • #6
            Does not matter.
            This is my opinion and not legal advice.

            Comment


            • #7
              H1B Transfer

              Currently i am working with company A on H1B and got an offer from company B. Company B has already processed my H1B transfer and its under RFE. Since its in premium so it will get transfer within a month or so. My current employer is asking me to serve 90 days notice period as per the company policy.

              My question:

              1. Can i still work for the existing company A even though company B has filed H1B transfer and its approved ?

              2. What if i decide to continue with company A only after getting H1B transfer approval ?

              I was googling and found different answers and some of them saying that still i can work with existing company A even though transfer is done from company B. But some of them saying that the moment H1B transfer approved i can not work with comapny A.

              Please advise.

              Comment


              • #8
                H1B Transfer

                H1B Transfer

                Currently i am working with company A on H1B and got an offer from company B. Company B has already processed my H1B transfer and its under RFE. Since its in premium so it will get transfer within a month or so. My current employer is asking me to serve 90 days notice period as per the company policy.

                My question:

                1. Can i still work for the existing company A even though company B has filed H1B transfer and its approved ?

                2. What if i decide to continue with company A only after getting H1B transfer approval ?

                I was googling and found different answers and some of them saying that still i can work with existing company A even though transfer is done from company B. But some of them saying that the moment H1B transfer approved i can not work with comapny A.

                Please advise.

                Comment


                • #9
                  Originally posted by h1btransferquery View Post
                  H1B Transfer

                  Currently i am working with company A on H1B and got an offer from company B. Company B has already processed my H1B transfer and its under RFE. Since its in premium so it will get transfer within a month or so. My current employer is asking me to serve 90 days notice period as per the company policy.

                  My question:

                  1. Can i still work for the existing company A even though company B has filed H1B transfer and its approved ?
                  -- Yes, as long as I-94 corresponding to A is valid.
                  2. What if i decide to continue with company A only after getting H1B transfer approval ?
                  -- See above.
                  I was googling and found different answers and some of them saying that still i can work with existing company A even though transfer is done from company B. But some of them saying that the moment H1B transfer approved i can not work with comapny A.

                  Please advise.
                  Technically, there is nothing called transfer. You can continue with A as long as A's petition is valid.
                  This is my opinion and not legal advice.

                  Comment


                  • #10
                    H1B Transfer to other employer and appropriate time to join..

                    Originally posted by kabkaba View Post
                    Technically, there is nothing called transfer. You can continue with A as long as A's petition is valid.
                    Thanks for the reply. I was googling on one of Attorny website and they are saying that as soon as your visa is approved you can not work for company A. You will have to start working with company B.

                    Do you think they are suggesting with proper answer ? I am really confused what should i do ?

                    Please advise.

                    Thanks,
                    Satish

                    Comment


                    • #11
                      You are confusing it with possible change of status from L1 to H1 or something. In that case you cannot work for previous employer once change of status gets approved. But in case of H1 to H1 transfer, you can continue with previous employer as long as previous employer's petition and corresponding I-94 are valid. Of course you must be working with any one employer.
                      This is my opinion and not legal advice.

                      Comment

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