H1B transfer

[mings84]

Hi, I have a no. of questions and hope someone can advise me.

1) I am currently on H1B and plan to move to another company soon. How long does a H1B transfer take? When will I know if it is successful?

2) When is it safe to quit my current job? Can I quit once the new company files for the transfer OR after USCIS receives the transfer OR only if the transfer is successful and complete?

3) Assuming my position with the new company is in June 2008 and my transfer takes place in December 2007, can I be unemployed between these 2 periods and travel out of the U.S. and come back in? I would like to take a break between jobs and do a bit of travelling.

I've read in other forums that you can start working for the new company once they file for the transfer. What happens if later on, USCIS decides to reject the H1B transfer application? Won't I be out of status and unable to continue employment then?

Thanks!

 

[ginnu]

Hi, I have a no. of questions and hope someone can advise me.

1) I am currently on H1B and plan to move to another company soon.

How long does a H1B transfer take?
---------------it may take 3-5 months for approval notice
When will I know if it is successful?
-------3-5 months, if file with Premium process then in 15-25 days
2) When is it safe to quit my current job? Can I quit once the new company files for the transfer OR after USCIS receives the transfer OR only if the transfer is successful and complete?
-------------- one can join new employer once H1 transfer petition reach the USCIS . to be safe wait for H1 transfer filing reciept ( to get reciept thease days it can take 45-60 days) better to file with premium processing

3) Assuming my position with the new company is in June 2008 and my transfer takes place in December 2007, can I be unemployed between these 2 periods and travel out of the U.S. and come back in?

I would like to take a break between jobs and do a bit of travelling.
---------------------better to get H1 transfer approval in hand before you go out (when enter also keep new employer letter and show if asked at POE

I've read in other forums that you can start working for the new company once they file for the transfer.
-----YES, once H1 petition reach USCIS or you get H1 filing reciept
What happens if later on, USCIS decides to reject the H1B transfer application?
----------------------- you are not on H1 status from the date you filed H1 transfer. USCIS will explain on letter
Won't I be out of status and unable to continue employment then?
-----------------------YES ( all depends on why USCIS rejected the H1)
Thanks!

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