H1 Trasnfer and Memo

H

hirenshah.05

New Member
Hi,

Company A - Company B - Client

Currently my H1 is with Company A. Now contract is about to get over and there will be new contract with same client.

Now I want to transfer my H1 to company B. Will there be any problem due to new Memo of Jan (employee-employer relations)


Hiren
 
hirenshah.05 said:
Hi,

Company A - Company B - Client

Currently my H1 is with Company A. Now contract is about to get over and there will be new contract with same client.

Now I want to transfer my H1 to company B. Will there be any problem due to new Memo of Jan (employee-employer relations)


Hiren
Click to expand...

You are working with company A on H1 status and Company A filed H1 for you.
You want to join Company B on H1. Company B should file H1 transfer for you and you can join company B once H1 Transfer gets approved for B. many join when the new company file H1 transfer and get H1 transfer filing receipt. At this time USCIS is after consulting companies I know 2-3 cases where H1 transfer was denied and Employer A revoked H1 petition by writing to USCIS and they did not had any status in US and had to go out of US. Take precautions and let B file H1 transfer with Premium processing so that you know the result in 15-25 days from the date H1 transfer petition is filed by B. H1 transfer petition MUST reach USCIS before Employer A revoke the H1 petition. Don’t leave or inform A that B has filed H1 transfer petition for you and once H1 transfer gets approved then join B and inform A. If B is also consulting company then expect long RFE for more documents as USCIS is after consulting companies.
*** I don’t know if A filed LC for you or not
** I don’t know if A filed I-140 for you and is approved
* No info provided if your I-485 is filed or not
 
Hi,

Thanks in advance for your help.
I have utilized 2 years of my H1B and was working for a consulting company A.
Recently I joined a consulting company B as a full time employee. About 1 week ago when I received my I-797, I was shocked to see that the validity of my visa was reduced instead of extended.
Here are the validity periods of my visa before and after it got transferred:
Employer : A - Visa validity: until Sep 2010
Employer : B - Visa validity: until Aug 2010

On this, attorney from Company B says "In cases involving third-party worksites (e.g., client site assignments), petitioners must accept that the H-1B approval period will not extend beyond the term of the petitioner’s contract with the “end client”."
Company B is a consulting company and always work for its direct clients, meaning no vendor or any layer. They keep getting projects in chain as per their history so far. I, like other empoyee directly report to my manager in Company B. Projects duration in Company B is usually from 15 days to 6 months, so in this case it doesn't make sense to limit the H1B visa's extension based on the SOW.

Is there any advice for me to secure the long term H1B extension.

-Thanks
 
Why should you receive approval for a job that you do not have? You cannot do anything as the petition is for you and not by you. You need to understand that the company must provide proof to the USCIS of work for you. Given that there is a history of people in similar positions remaining in the US in violation of their approved states when approvals have extended past their documented position and they have not been placed on a new project, the USCIS is entirely reasonable to require proof of opportunity prior to providing approval. Just because the company has managed to get clients before is no reason to believe it will continue in the current economy.

Accept gracefully what you have been granted knowing that the company will need to apply again once you receive a new placement. You have no reason to dispute what has been granted.
 
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