H1B tranfers

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rajeshefali

New Member
I am on H1 B and left company A holding my H1 B to work for company B. Company B was supposed to file h1b petition on my behalf before the start date. The HR department informed me that the H1B petition has been filed and I am good to start. But after two weeks I was informed that the H1 B petition was not filed. So what is the best way to resolve the issue? What can be done to make sure that company doesn’t back track on hiring me.
 
Have Company B file your H-1B as soon as possible. You cannot work for Company B if your H-1B has not been filed. Ask for receipt number once you are told that the application is filed. Or, return to Company A and make sure you are instituted on the payroll.

rajeshefali said:
I am on H1 B and left company A holding my H1 B to work for company B. Company B was supposed to file h1b petition on my behalf before the start date. The HR department informed me that the H1B petition has been filed and I am good to start. But after two weeks I was informed that the H1 B petition was not filed. So what is the best way to resolve the issue? What can be done to make sure that company doesn’t back track on hiring me.
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OPT to H1

Hi Guys,
I have some problem regarding H1.My opt period is valid from feb 08 to feb o9.Company X is holding my H1 since july 16(i dont have any approval notice ).So,I want to transfer my H1 to company B but company A is not willing to transfer.I just have EAC no.Can i still transfer my H1?
Please help guys its urgent.
 
You do not need Company A's consent to transfer your H-1B. However, due to the timing of the H-1B cap, Company A may have some leverage over you. For example, if your Company H-1B application was picked in the lottery, and then approved, it does not start until October. While you can apply for a second H-1B with Company B based on your Company A approval, Company A may decide to withdraw the already approved H-1B petition.

There are facts, not disclosed by you, which may dictate whether it is a good idea to transfer now or possibly wait until October. But, generaly, you don't need Company A's consent to transfer your H-1B to Company B.

Hope this helps and good luck.
 
Thank you

Than you very very for giving me quick reply.If i have any questions i will contact you . Thank you very much
 
Thanks for your instant response. I know i am in a serious situation and hence would like to know what can be done to rectify the same. Please let me know your suggestions.

I am on H1 B and left company A holding my H1 B to work for company B. Company B was supposed to file h1b petition on my behalf before the start date. The HR department informed me that the H1B petition has been filed and I am good to start. But after two weeks I was informed that the H1 B petition was not filed. So what is the best way to resolve the issue? What can be done to make sure that company doesn’t back track on hiring me

These are the options which have been given to me by company B.




My manager and legal department requested me to explore if company A can rehire me for couple of months and company B can compensate company A for my consulting services with all the expenses incurred in the rehiring process.

The second option I was given : leave US, company B will employee me in India and file for h1b consulate processing
 
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