Can I work on current H1-B inspite of filing for a transfer

inquirelaws

Registered Users (C)
Hi,

Currently working with a ABC company on H1-B. I wish to transfer my H1-B to XYZ. My question is that how long can I continue working with my current ABC company after filing for a transfer to XYZ?


Thank you,
 
inquirelaws said:
Hi,

Currently working with a ABC company on H1-B.

I wish to transfer my H1-B to XYZ.
--- file H1 to H1 transfer with 2-3 recent pay stubs through new employer, once you get filing reciept from USCIS you can join new employer
My question is that how long can I continue working with my current ABC company after filing for a transfer to XYZ?
----- till date your H1 transfer gets approved
Thank you,
 
Thanks Ginnu for your reply,

After having filed for a transfer with the new employer ABC (and still awaiting approval), if things get favorable for me with my current employer and I want to continue working with my current employer, then can any steps be taken to do so?
 
inquirelaws said:
After having filed for a transfer with the new employer ABC (and still awaiting approval), if things get favorable for me with my current employer and I want to continue working with my current employer, then can any steps be taken to do so?

Make sure that your current employer does not revoke your current H1B with them.
 
Thanks, so If I plan to continue with my current employer, would I need to withdraw my H1-B transfer application with my new employer before it gets approved? (Because as I understand from Ginnu's reply, after approval I will have to work with new employer...correct me if I am wrong!)
 
Last edited by a moderator:
inquirelaws said:
Thanks, so If I plan to continue with my current employer, would I need to withdraw my H1-B transfer application with my new employer before it gets approved? (Because as I understand from Ginnu's reply, after approval I will have to work with new employer...correct me if I am wrong!)

You do not need to do anything, just make sure that you do not get onto the payroll of the new company, which ofcourse will not happen unless you join them. The new employer can revoke your H1B incase they wish to do so.

You cannot personally withdraw your new H1B petition or an approved H1B, the employer who has filed has to do that.
 
So, if I don't get onto the payroll of new employer with transferred H1-B approved, I can continue working on the current H1-B??? - seems CONTRADICTORY to Ginnu's reply above and quoted again below:

"My question is that how long can I continue working with my current ABC company after filing for a transfer to XYZ?
----- till date your H1 transfer gets approved
"


PLEASE CLARIFY....
And thanks for your time...it means a lot to time!
 
H1-H1 transfer without having visa stamped

Hi,

I received my first H1B visa recently and have not yet been to India for the visa stamping. I am interested in knowing whether I would be able to shift to another company(which would take care of H1 transfer) without having to get my visa stamped. Please let me know about it.

Regards.
 
inquirelaws said:
So, if I don't get onto the payroll of new employer with transferred H1-B approved, I can continue working on the current H1-B??? -
---YES, if your current H1 petition has not been revoked by current


"My question is that how long can I continue working with my current ABC company after filing for a transfer to XYZ?
----- You can work with ABC if they have not revoked your H1 and if you need to work with employer who filed H1 transfer petition you can join them after you get USCIS H1 transfer filing reciept, if you dont want to join new employer who filed H1 then it is upto you, other posters have cleared your question
 
Stop Transfer ???

Say h1b transfer is in the process and I wish to continue my job with old company (they havent revoked my h1b) . I will need to ask transfer filling company to withdraw the h1b transfer ..
??? NO way I can do it on my own ?????

am i right ???
 
priyajohar said:
Say h1b transfer is in the process and I wish to continue my job with old company (they havent revoked my h1b) .
---That is OK continue working and file extension before I-94 gets expired through same employer in future

I will need to ask transfer filling company to withdraw the h1b transfer ..

----no need tobe done from your side just dont join new employer, if you dont want to join you can inform them it is up to them to withdraw or get it revoked
??? NO way I can do it on my own ?????

am i right ???
 
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