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h1b pending job change
- Thread starter jwookie1
- Start date
Please consult a lawyer. But if I understand the situation correctly, yes, I think you can apply for another H1b while the other one is pending. I think the new company will need to start a new application. Even though if the first one gets approved, "transfer" is basically like another petition. You may be able to start working for the second employer as soon as you get the receipt. However, it is always safe to wait for the actual approval. So calculate the time needed for all these and plan accordingly. Hope this helps.
monikainusa
Registered Users (C)
Please respond my queries , I will really appreciate it. I am on H1B visa in my 5th year in USA. My wife went to India and her H-4 was denied. I guess because of client vendor layers. After denial , a letter was sent to my company from USCIS that USCIS received the request from state department to review my case , they will review my case and let me know. I searched new employer and they are ready to transfer my H1B. My question is
1) Can I transfer my H1b in this case
2) Is it ok to join new employer
3) when can I join new company ( after h1b transfer approval or just after applying )
4) Can USCIS reject my H1B transfer to new company
4) what will happen if I join new company after H1 transfer and USCIS send a RFE to my old company
5) What if my old company revoke my H1b and don't respond to RFE
Thanks in advance
Monika
1) Can I transfer my H1b in this case
2) Is it ok to join new employer
3) when can I join new company ( after h1b transfer approval or just after applying )
4) Can USCIS reject my H1B transfer to new company
4) what will happen if I join new company after H1 transfer and USCIS send a RFE to my old company
5) What if my old company revoke my H1b and don't respond to RFE
Thanks in advance
Monika
Replied in other threadPlease respond my queries , I will really appreciate it. I am on H1B visa in my 5th year in USA. My wife went to India and her H-4 was denied. I guess because of client vendor layers. After denial , a letter was sent to my company from USCIS that USCIS received the request from state department to review my case , they will review my case and let me know. I searched new employer and they are ready to transfer my H1B. My question is
1) Can I transfer my H1b in this case
2) Is it ok to join new employer
3) when can I join new company ( after h1b transfer approval or just after applying )
4) Can USCIS reject my H1B transfer to new company
4) what will happen if I join new company after H1 transfer and USCIS send a RFE to my old company
5) What if my old company revoke my H1b and don't respond to RFE
Thanks in advance
Monika
monikainusa
Registered Users (C)
Hello Mr Ginnu,
Thanks for your quick resposne. Let me explain my case again. My hubby is on H1b visa in USA from past 5 years. Last year I went to India alone and appeared for interview in Delhi consulate. They gave me 221g and my hubby submitted all the docs, but after 8 months of wait , they denied. The document says "The petitioner does not appear to be able or willing to provide qualifying employement for the principal applicant in USA in accordance with appropriate law and regunation.". After 2 weeks when my hubby's company received the notice that "USCIS has received the request from state department to review the request.We will review and let you our decision or if we need any docuemnts". My hubby work in E->V1->V2->Client model and he has never been in bench. These days because of emplpyer employee issues my hubby was worried so he searched the job , which is very big vendor and has direct project in banking and finance. So no more vendor layers. Since its project given to new company , so he thinks its ok. He asked new employer to start H1b transfer in premium processing. My question is :
1) Since my current H1b under review then can we transfer our H1b to new company
2) My husband will only join new company if new H1b is approved ( not on h1b filing receipt ), so what will happen after joining new company his old company receive RFE or anything from USCIS and what if my old company decide not do answer that REF as I am not being with that company ? will that effect any status with the new company and USCIS can revoke my new H1b base on that.
Thanks in advance
Regards
Monika
Thanks for your quick resposne. Let me explain my case again. My hubby is on H1b visa in USA from past 5 years. Last year I went to India alone and appeared for interview in Delhi consulate. They gave me 221g and my hubby submitted all the docs, but after 8 months of wait , they denied. The document says "The petitioner does not appear to be able or willing to provide qualifying employement for the principal applicant in USA in accordance with appropriate law and regunation.". After 2 weeks when my hubby's company received the notice that "USCIS has received the request from state department to review the request.We will review and let you our decision or if we need any docuemnts". My hubby work in E->V1->V2->Client model and he has never been in bench. These days because of emplpyer employee issues my hubby was worried so he searched the job , which is very big vendor and has direct project in banking and finance. So no more vendor layers. Since its project given to new company , so he thinks its ok. He asked new employer to start H1b transfer in premium processing. My question is :
1) Since my current H1b under review then can we transfer our H1b to new company
2) My husband will only join new company if new H1b is approved ( not on h1b filing receipt ), so what will happen after joining new company his old company receive RFE or anything from USCIS and what if my old company decide not do answer that REF as I am not being with that company ? will that effect any status with the new company and USCIS can revoke my new H1b base on that.
Thanks in advance
Regards
Monika
Hello Mr Ginnu,
Thanks for your quick resposne. Let me explain my case again. My hubby is on H1b visa in USA from past 5 years. Last year I went to India alone and appeared for interview in Delhi consulate. They gave me 221g and my hubby submitted all the docs, but after 8 months of wait , they denied. The document says "The petitioner does not appear to be able or willing to provide qualifying employement for the principal applicant in USA in accordance with appropriate law and regunation.". After 2 weeks when my hubby's company received the notice that "USCIS has received the request from state department to review the request.We will review and let you our decision or if we need any docuemnts". My hubby work in E->V1->V2->Client model and he has never been in bench. These days because of emplpyer employee issues my hubby was worried so he searched the job , which is very big vendor and has direct project in banking and finance. So no more vendor layers. Since its project given to new company , so he thinks its ok. He asked new employer to start H1b transfer in premium processing. My question is :
1) Since my current H1b under review then can we transfer our H1b to new company
2) My husband will only join new company if new H1b is approved ( not on h1b filing receipt ), so what will happen after joining new company his old company receive RFE or anything from USCIS and what if my old company decide not do answer that REF as I am not being with that company ? will that effect any status with the new company and USCIS can revoke my new H1b base on that.
Thanks in advance
Regards
Monika
I dont know who is waiting for H4 in India and who is on H1 in US and wants to change employer. Rewrite the according to correct info. if you are out of US and waiting for H4 then why you are writing"Since my current H1b under review then can we transfer our H1b to new company"
** Post the info in the thread started by you.