H1 transfer - URGENT HELP NEEDED!!!!!

R

rg_visa

Registered Users (C)
Hey Guys,

I need some urgent help on this one-

I received my H1 approval on 2nd Nov. Now I want to transfer my H1 to a new company. So technically I would be with Company A for just 8 days after my approval. However I have worked for that company for 6 months on OPT before this.

Would it be a problem if I file for a transfer since its just been 8 days?

Also, how important is the job description to be the same as in Company A????

Please let me know ASAP...any help appreciated!!!!

Thanks a lot,
RG
 
a transfer is actually really a new H1B. The only part about it that is a transfer is the ability to not be subject to the H1B annual cap. You can 'transfer' as soon as you want. you will need to show the USCIS some recent pay stubs to prove that you are on a valid H1B, along with all of the same evidence you needed for the initial H1B. the new job does not have to be the same as your current job. most importantly you can work at the new company as soon as USCIS grants you a receipt notice for your H1B 'transfer'. you do not have to have the approval notice in hand in order to change jobs.
 
Hi Gunt,

Thanks a lot for the reply. So you are saying that it wont matter if I was just 8 days with company A (keeping in mind 6 months on OPT) before I file the transfer?

Also, there is a good likelihood of getting another offer. can i file multiple transfers? is there something i need to keep in mind for it?

thanks a ton!
rg



gunt said:
a transfer is actually really a new H1B. The only part about it that is a transfer is the ability to not be subject to the H1B annual cap. You can 'transfer' as soon as you want. you will need to show the USCIS some recent pay stubs to prove that you are on a valid H1B, along with all of the same evidence you needed for the initial H1B. the new job does not have to be the same as your current job. most importantly you can work at the new company as soon as USCIS grants you a receipt notice for your H1B 'transfer'. you do not have to have the approval notice in hand in order to change jobs.
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unitednations said:
California in its liaision minutes stated that a person can do another h-1b once the first one is approved even though it hasn't been effective yet; since once the h-1b is approved you have been counted against the cap).
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UN,
I know that people got the 2nd H1 approved even before start date, but I haven't seen actual document backing it up.
If you provided the pointer to the minutes you referred to, I'd really appreciate it.
 
hi GotPR and unitednations,

my status is somewhat different. i hv been working in USA on L1 visa for company A since 1.5 yrs. now i hv got my H1 approved thru company B.

but now company C is also giving me an offer. can i apply for H1 transfer thru company C immediately? or i hv to wait for paystubs?

thx in advance,
 
hi unitednations,

i think u hv misunderstood.

i was on L1 status with company A. now i hv got H1B approved from company B with start date of 19th oct'06. i hv got new I94. so i suppose my status is now H1 and not L1. but i hv not yet joined company B as yet.

i get ur point that i will not be counted against cap - but can i still show L1 status and show L1 paystubs to apply for another H1B thru company C? will this work like a H1 transfer?

Since you are not asking for portability; uscis will approve the h-1b and do the change of status.
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what is meant by "portability"?

one more question - how long can i continue to work for my L1 employer (company A) before moving to company B (whose H1 is now approved)?

pls clarify, thx in advance,
 
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