H1B extension and H1B transfer

jc2002

Registered Users (C)
My situation:
H1B and H4 with Company A expires on 04/30/04. Extension filed by Company A already.

Now I want to join company B. Questions:
1. Does Company B file a H1B and H4 transfer immediately for me before 04/30/04?
2. What do I need to do with the extension filing?
3. If company B files for H1 transfer for me, and the transfer arrives after 04/30/04, what to do for me and my spouse?

Urgent help needed!
Thank you!!!
 
As long as the company B files a H-1B petition for you and H-4 petition for your spouse before your current H-1B expires (4.30.04) you can start work with company B as soon as they receive the receipt notice, indicating that the USCIS has received the H-1B petition from that employer.

You need not do anything about the extension petition if you leave company A, but if you do not leave company A, then you have permission to continue working for company A on the basis of the timely filing of the extension petition for a period of 240 days beyond the expiration of the current H-1B.
 
thank you!

1. I read historical posts here that I have to wait for the receipt to quit my current employment. If that is the case and the receipts come in after my current H1B and H4 expires which is on 04/30/04, is that still OK to join the new company?
2. How long does it take to get the H1B transfer receipt from the day of filing? Am I subject to the annual H1B visa cap?
3. If the new company does not work out, and my H1b expired on 04/30/04, I will be in status as my extension is in progress. But I cannot do H1b transfer while being extended, correct?
 
1. I read historical posts here that I have to wait for the receipt to quit my current employment. If that is the case and the receipts come in after my current H1B and H4 expires which is on 04/30/04, is that still OK to join the new company?
IT IS SAFEST FOR YOU TO WAIT UNTIL YOU GET THE RECEIPT NOTICE TO QUIT YOUR CURRENT POSITION AND JOIN THE NEW EMPLOYER, ALTHOUGH TECHNICALLY, WITH SIMPLY A FEDEX RECEIPT SHOWING THAT YOUR NEW H-1B PETITION WAS DELIVERED TO THE USCIS, YOU CAN MAKE THE TRANSITION. I WOULD SUGGEST WAITING UNTIL YOU HAVE THE RECEIPT NOTICE IN HAND. YES, EVEN IF THE RECEIPTS COME AFTER YOUR CURRENT H-1B EXPIRES, YOU CAN JOIN THE NEW COMPANY. THE ISSUE IS WHETHER THE NEW H-1B PETITION WAS SUBMITTED TO USCIS BEFORE THE CURRENT H-1B EXPIRED.
2. How long does it take to get the H1B transfer receipt from the day of filing? Am I subject to the annual H1B visa cap?
YOU ARE NOT SUBJECT TO THE ANNUAL CAP IF YOU ARE ALREADY IN H-1B STATUS, AS THE CAP APPLIES ONLY TO FIRST TIME H-1B HOLDERS. AS FOR HOW LONG IT TAKES TO GET THE RECEIPT NOTICE, IT CAN BE ANYWHERE FROM A WEEK TO 3 WEEKS, DEPENDING ON THE MAILROOM AT THE PARTICULAR SERVICE CENTER AND THE POST SERVICE.
3. If the new company does not work out, and my H1b expired on 04/30/04, I will be in status as my extension is in progress. But I cannot do H1b transfer while being extended, correct?
YOU CAN STILL TRANSFER WHILE YOUR EXTENSION IS PENDING. IF YOU ARE QUALIFIED FOR THE H-1B, THE WORST THING THAT CAN HAPPEN IS THAT THE NEW H-1B IS APPROVED BUT ONLY FOR CONSULAR PROCESSING, WHICH MEANS YOU HAVE TO DEPART THE US AND REENTER, THEREBY ACTIVATING THE NEW H-1B.
 
Is there a specific way to know whether the visa is apporved with the requirement of Consular processing or not? I mean what are the indications that say that one has to do it.

Does it say in writing on the Notice of Action paper?

Does it come without a new I-94 if Consular Processing is required?

What should it say when you check the case status online for such a case? - In my case of H1 transfer it only says that:

"This case has been approved. On March 30, 2004, an approval notice was mailed. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please call the National Customer Service Center at (800) 375-5283."

How can I know before getting the actual H1 papers in hand (which may come in a week or take more than 2 weeks) if I would require C.P. or not? Should it say specifically when you check the status online that C.P. is required? I am worried because I had a gap of 25 days between the day I was terminated from the last job and the date I got the receipt for H1 transfer.

Thanks
 
Unless you know what was requested on the application itself (change of status or notify consular post) you won't know whether the petition was approved as a change of status or whether it was approved but you need to consular process abroad until you get the approval in hand.
 
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