H1 B Transfer denied

[priyajohar]

H1 B Transfer denied questions

I understand that "Employee can start working for NEW company after you file for transfer of H1B."

Q1) What will happen if H1B transfer is denied. ?

Q2) Can employee return to previous company. ?

Q3) How much time INS takes to send approval/confirmation of H1B transfer.?

Q4) How INS insures that "new job" is like "old job."?

Q5) Is there premium processing for H1 transfer also.

Thanks

 

[priyajohar]

Waiting for reply

Gurus please reply to above post

 

[nkm-oct23]

I understand that "Employee can start working for NEW company after you file for transfer of H1B."

Q1) What will happen if H1B transfer is denied. ?
If you begin to work before petition is denied your employment is unauthorized and you should terminate the employment immediately.

Q2) Can employee return to previous company. ?
Yes as long as the job you are returning to is exactly the same as you left it.

Q3) How much time INS takes to send approval/confirmation of H1B transfer.?
Depends on a lot of factors.

Q4) How INS insures that "new job" is like "old job."?
There is no requirement that the new job be similar to old one.

Q5) Is there premium processing for H1 transfer also.
Yes.

 

[priyajohar]

hmm

So, I assume that following is the best way for H1B transfer.

1) Apply for PREMIUM H1B transfer
2) Wait for 15 days till you get confirmation from INS
3a) If H1B transfer is APPROVED than join NEW company
3b) Else keep on working with PREVIOUS company.

Please confirm my above assumption. Early response is appreciated.


Q1) How much time it takes for H1B transfer non-premium.( is it like applying for new H1B).??

 

[ginnu]

So, I assume that following is the best way for H1B transfer.

1) Apply for PREMIUM H1B transfer
2) Wait for 15 days till you get confirmation from INS
3a) If H1B transfer is APPROVED than join NEW company
3b) Else keep on working with PREVIOUS company.
-------- dear,you are correct
Please confirm my above assumption. Early response is appreciated.


Q1) How much time it takes for H1B transfer non-premium.( is it like applying for new H1B).??
-----depends on the service center it may take 4-7months, yes it is like applying newH1 but with H1 transfer lawyer has to tick diffrent box on I-129 and has to get new LCA for you from DOL and you provide 2-3 recent pay stubs for H1 to H1 Transfer.