also bewbie question regarding H1 transfer

J

jmxu

Registered Users (C)
I am working for company A right now. This company has an immigration department and sponsors my current H1B .

Now I get an offer from Company B. They told me they would sponsor my H1B transfer. However they want me to take care of it all by myself.

So what should I do now? I know I should hire a lawyer and ask for his advice. But what are the usual steps and documents that I need to gather for H1b transfer? What is the usual fee for hiring a lawyer for it? How many days does it take to file the transfer and get the receipt?

Thanks a lot for your great advice!
 
I am working for company A right now. This company has an immigration department and sponsors my current H1B .

Now I get an offer from Company B. They told me they would sponsor my H1B transfer. However they want me to take care of it all by myself.

So what should I do now? I know I should hire a lawyer and ask for his advice. But what are the usual steps and documents that I need to gather for H1b transfer?
-- Hire a lawyer, your employer B has to get new LCA for you from DOL , it is fax back system and they can get in 3-4 days, employer has to fill up form I-129, support documents and copy of your current H1b approval notice and copy of current I-94 ( both the sides) + your recent pay stubs pay+ the BCIS fees
What is the usual fee for hiring a lawyer for it?
-- Depends on lawyer
How many days does it take to file the transfer and get the receipt?
--- Lawyer can make everything ready in 2-3 days; you may get the receipt after 10-12 days once the BCIS receives the Transfer papers

first file the papers then leave company A
 
ginnu, more help please

ginnu:

Thank you very much for your advice.

I still have a few questions that need clarification.

1. The new employer B does not seem to understand these H1B transfer process. They ask me to take actions first, then on my first day to work, as long as I present a letter from lawyer, they can put me into payroll.

Should I let my lawyer contact them about the LCA , 129 etc, or should I contact them directly?

2. Due to some family reasons, I have to join in B 2 weeks after the start date company B suggests me. It is an immediate position so I can not complain. After negotiation, B finally agreed that I can join in them in a later date. However, I am worried that they might be looking for other candidates to fill in the position as soon as possible. It is possible that on the day I report to B, they might just tell me that they already have someone else and do not need me any more.

If this is the case, does this mean that I will be out of status?

3. Because of the above reason, I am considering to join in B first then notify A.

So is it possible for the following scenario: After the paperwork is done, I join in B first, then I notify A that I will leave. I will then use the paid leave (vacation) time for the 2 weeks notice required by A. In this case, I am in both companys' payroll at the same time for 2 weeks. Is this legal or not?


So many concerns and confusion...

Thank you very much for your help!
 
I still have a few questions that need clarification.

1. The new employer B does not seem to understand these H1B transfers process. They ask me to take actions first, and then on my first day to work, as long as I present a letter from lawyer, they can put me into payroll.

Should I let my lawyer contact them about the LCA , 129 etc, or should I contact them directly?
----- Let your lawyer explain them how H1 transfer is done and what he needs from employer
2. Due to some family reasons, I have to join in B 2 weeks after the start date company B suggests me. It is an immediate position so I cannot complain. After negotiation, B finally agreed that I could join in them in a later date. However, I am worried that they might be looking for other candidates to fill in the position as soon as possible. It is possible that on the day I report to B, they might just tell me that they already have someone else and do not need me any more.

If this is the case, does this mean that I will be out of status?
----- If I doubt the employer I would not like to join them, they don’t know about H1B transfer and not taking the service of lawyer they can lay off any time I would avoid this employer
3. Because of the above reason, I am considering to join in B first then notify A.
--- that is correct and should be done that way because if B is not cooperative then A may kick you out
So is it possible for the following scenario: After the paperwork is done, I join in B first, then I notify A that I will leave.
----- First file H1b transfer with BCIS, get the H1transfer filing receipt then only join B and no need to inform A. make sure your lawyer sends complete H1 transfer papers because many are interested in fees only and mess up the transfer papers or delay the filing ask for the FedEx receipt when he sends the papers
I will then use the paid leave (vacation) time for the 2 weeks notice required by A.
-- Correct
In this case, I am in both companies' payroll at the same time for 2 weeks. Is this legal or not?
--- You should NOT be on company B payroll till you get H1 transfer receipt from BCIS it is risky.
For more concerns you should ask your lawyer who is going to file H1 transfer papers


Dont leave A till you get H1 filling reciept If i am in your situation I will not go for B. what is the reason you are after B ?
 
ginnu:

Thank you for your detailed explanation and suggestion! I have seen you warmly helping people out in quite a few forums here.

The reason why I want to join in B is that in A our project will be over in a few months and we will all be laid off by then. But right now, because I am really concerned and worried that B may not keep the offer because of my late start date, it seems that I should stay in A and keep looking for a better position, instead of going to B.

Still one more question that I did not understand. Say I get the H1 transfer receipt, then I join in B, now I am on B's payroll legally. Now if I am still on A's payroll because I am using the vacation time from A. is it legal or not?

Thank you again for your help.
 
Still one more question that I did not understand. Say I get the H1 transfer receipt, then I join in B, now I am on B's payroll legally.
Now if I am still on A's payroll because I am using the vacation time from A. is it legal or not?
-- Legal as you are on vacation and still your H1 has NOT been transferred

forget this B look for other employer
 
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