Current H-1B expiring, how to start work with new employer

[howlongmore]

Hi,

I am asking for a friend, who works for an academic institution, and will continue to work at another academic institution, so quota doesn't apply.

His H-1B is expiring August 1, 2010 with employer A. He should be able to get a new job with employer B. What should he do to have the best continuity?

1. Get employer B to file H-1B transfer before 8/1/2010.
- is he able to start work on 8/2/2010 at employer B merely by filing the transfer?
- is the transfer also an extension? Can an extension also be filed with a transfer?
2. Employer A is willing to extend his employment for a few months. So he could get employer A to extend his H-1B, and get employer B to transfer his H-1B later.
- is he able to start work with employer B as soon as the transfer is filed?

Thanks a lot.

 

[ginnu]

Hi,

I am asking for a friend, who works for an academic institution, and will continue to work at another academic institution, so quota doesn't apply.

His H-1B is expiring August 1, 2010 with employer A. He should be able to get a new job with employer B. What should he do to have the best continuity?

1. Get employer B to file H-1B transfer before 8/1/2010.
-----Employer B H1 Transfer Petition petition should be filed with USCIS.
- is he able to start work on 8/2/2010 at employer B merely by filing the transfer?
------ He can work if start date is asked by Employer B on the H1 Petition as 8/2/2010 . At this time it is risky to join just with H1 transfer filing receipt. I know 4-5 cased those joined new employer with H1 transfer filing receipt and H1 transfer got denied and past employer also revoke H1 petition by writing to USCIS. To be safe join once H1 transfer gets approved.
- is the transfer also an extension? Can an extension also be filed with a transfer?
----------------- when new employer file H1 new employer can ask extension at the same time if one is eligible for H1. Employer should get LCA for that.
2. Employer A is willing to extend his employment for a few months. So he could get employer A to extend his H-1B, and get employer B to transfer his H-1B later.
- is he able to start work with employer B as soon as the transfer is filed?
--------------------- He Can but if H1 transfer gets denied? Better to join new employer once H1 transfer gets approved. if filed through Premium process the H1 Transfer may be approved in 20-25 days from the date USCIS gets the Petition
Thanks a lot.

------------------

 

[howlongmore]

Thanks Ginnu for replying. The scenario is now a little different.

His H-1B and contract are expiring August 1, 2010 with employer A. He should be able to get a new job with employer B starting September 1. What should he do to have the best continuity?

1. Get employer B to file H-1B transfer before 8/1/2010.
- is he able to start work on 9/1/2010 at employer B merely by filing the transfer?
- is the transfer also an extension? Can an extension also be filed with a transfer in this case?
2. Employer A is willing to extend his employment for a few months. So he could get employer A to extend his H-1B, and get employer B to transfer his H-1B later.
- is he able to start work with employer B as soon as the transfer is filed?
3. Can he stay in the US between 8/1/2010 and 9/1/2010?

Thanks