H1b transfer while awaiting FBI name check clearance for GC

N

nielsen

Registered Users (C)
Hi folks,

I had a query and hope someone can answer it...

I am currently working for company A on an H1b visa and I have applied for a green card (based on US citizen spouse). My green card application is awaiting an FBI name check clearance. I have not applied for an EAD or an advance parole since my H1b is valid till Nov 2006.

I have received a job offer from company B and I wish to join them. I have the following queries if someone can help me.

1. Can I start working for the new company B with an H1b transfer ?

2. How does the H1b transfer process work ?

3. When can I start working for the new employer ?

4. Does an H1b transfer affect my existing family based GC application ?

Thanks,
Niel Sen
 
nielsen said:
Hi folks,

I had a query and hope someone can answer it...

I am currently working for company A on an H1b visa and I have applied for a green card (based on US citizen spouse). My green card application is awaiting an FBI name check clearance. I have not applied for an EAD or an advance parole since my H1b is valid till Nov 2006.

I have received a job offer from company B and I wish to join them. I have the following queries if someone can help me.

1. Can I start working for the new company B with an H1b transfer ?
Yes. Or you can apply for EAD and completely skip the H1 route.

2. How does the H1b transfer process work ?
Your new employer would take care of this.

3. When can I start working for the new employer ?
As soon as you get get an approved EAD or your H1B transfer receipt

4. Does an H1b transfer affect my existing family based GC application ?
Not at all

Thanks,
Niel Sen
Click to expand...
 
I will answer the H1 question as this is exactly what I am doing currently.
I have applied for EAD etc. etc. as I am married to a US citizen. However my H1 expires in Dec 2005. I am changing companies and rather than wait for the EAD, (which could take 3 months), we are filing an H1 transfer. Now, according to the guidelines you can take 2 approaches. You can start working for company B as soon as you get a receipt or the more aggresive approach, start working for company B, as soon as you file the application.

I have in the past done this and plan on doing the same again, start working for company B as soon as the application is filed.
 
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