H1 Transfer Question

A

auro_venus

Registered Users (C)
Hi Folks,

I appreciate it if you can help me with this question. I am working for university A on an H1B (cap exempt) and I want to move to another university B on the same position and title (also cap exempt). I am a little bit paranoid about USCIS and immigration lawyers and hence I have the following question:

1. Let's say that the University B files for an H1 Transfer and I start working for them before the transfer is processed by USCIS (my understanding is that this is permissible). What happens if the transfer is not approved by USCIS? I will pretty much be screwed up, Right?


2. Now, let's assume that University B files for the H1 transfer and I keep working for University A till I hear back from USCIS. What happens if USCIS denies the case. Does it mean that I am out of status even though I am working on an approved H1B for University A?

3. What is the safest approach here. Any recommendation?


Any help is greatly appreciated
 
1. Let's say that the University B files for an H1 Transfer and I start working for them before the transfer is processed by USCIS (my understanding is that this is permissible). What happens if the transfer is not approved by USCIS? I will pretty much be screwed up, Right?
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I've never heard of an H1 transfer not being successful, especially if the sponsor is a university. If you get the receipt number, you can start working. That's the law.
If the H1 transfer is not successful, then you will need to find another H1B sponsor or leave the country.
2. Now, let's assume that University B files for the H1 transfer and I keep working for University A till I hear back from USCIS. What happens if USCIS denies the case. Does it mean that I am out of status even though I am working on an approved H1B for University A?
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No. Your H1 with University A is valid and you're in status as an H1 visa holder thru university A.
3. What is the safest approach here. Any recommendation?
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The safest is the second choice above. Make sure that the H1 transfer is successful and then move to the second job.

You ARE paranoid. :eek:
 
The safest approach is to do premium processing. You can have your new H1 status in 10 days. Otherwise it can take a few month.
 
Thanks guys for the replies

Indeed I am a little bit paranoid about this but better be safe than sorry I guess
 
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