H1b transfer

R

ratans

Registered Users (C)
Hi Gurus
I have questions as follows:
If someone has H1b in computer science now. He will get a offer from civil engineering shortly. Can he transfer his H1b for civil engg from Computer science. He has BS and MS in civil eng.. Is it be in H1b cap or he has to apply for new as he changes his field of job?
Thanks in advance gurus
 
The H-1B cap only applies to new H-1Bs. If you already hold H-1B status, if you change to another employer, you can do so safely despite the fact that the cap has been reached, as it will not apply to you.
 
My question is :
If He change his job field means computer to civil engg. does he need to apply for new H1b (under H1b CAP) or transfer it which is not under the h1b CAP.

Please let me know
Thanks in advance
 
There is really no such thing as a transfer H-1B since the new employer still has to file a new H-1B petition on your behalf because the H-1B itself is employer and location specific. But if you are currently in H-1B status already and transition to a new position, even though the new employer has to file a new H-1B petition, it is considered as though it is a transfer for purposes of determining whether or not you are subject to the cap, and you are NOT. The H-1B cap applies only to those people who are obtaining H-1B status with AN employer for the very first time!
 
thanks

so he can tranfer it. he is worried as he is changing his jobs and his old job is totally (Computer science based) different than new job (civil engg.) so job responsiblity does not matter to determine h1b Cap. If he has on H1b then he can transfer it.
Thanks lana
 
Yes, the fact that the new position has different job description or set of duties is irrelevant for purposes of determining h-1b cap. as long as the new position qualifies for h-1b status and the employee has the necessary education and/or experience to perform the job duties of the new position, it should qualify for the h-1b and he will not be subjected to the cap.
 
sorry for inserting my question here.

I work for a company on H1 B. Another new compnay (say xyz inc) merged with my co (say abc inc). Now I am getting paystub as "xyz inc/abc inc" in the company name column.

Am I legal to work for xyz inc, since my H1 B petition in abc inc.?

Can anybody pl. help me out on this.

Thanks in advance.

gcperson.
 
Yes, you are fine, as long as there are supporting documents that show the transfer of interest and assumption of liabilities (successor in interest) between abc and xyz. Some companies make it a point to do a new H-1B petition to clarify the record for the USCIS (amend the H-1B) but this is not absolutely necessary as long as there is a chain of information about the corporate relationship.
 
Thanks for the reply

Thanks for the info.

I just got another quick question.

I am at the final stage of GC processing. Already I filed AC-21 getting Employment letter from old co (abc inc)

Should I need to file again AC-21 with company name as "xyz inc/abc inc"? Other than the company name everything else like my job title, position, work place , job description ..... is same.

your advice on this is hightly appreciated.

Once again Thankyou for the help.


gcperson
 
no, if the labor certification and I-140 are all in the abc company and you have filed the i-485 and now the company has merged with xyz, i would hold off on sending any additional information to USCIS unless and until they request it in the form of a RFE. otherwise, chances are this might confuse them even more, if the information ever even gets into your pending case.
 
Thanks a lot for the details.

LC, 140 and 485 are filed by another company (say original Inc). After 140 approval and 485 pending for 180 days, I transferred to abc inc. and filed AC-21 by getting employment letter from abc inc.


I am getting paystubs in the name of "xys inc/abc inc" as against the company name "abc inc" mentioned in the AC-21 letter.

Does it require to file another AC-21 letter? Will your answer change, becos LC, 140 and 485 are not in abc inc .


Thanks a lot for the help.


gcperson
 
You can do another AC21 letter, but I usually do not recommend that my clients volunteer this information to the USCIS unless and until asked for it. I certainly advise my clients to make sure their new position would qualify under AC21 provisions in that it is in the same or similar job classification, but as far as just sua sponte informing the USCIS of the job change, this is not my practice. The reason for this is that the USCIS may become more suspicious and my transfer the case to the local USCIS office for further review and this may ultimately delay the case even further. Whereas, if you do not inform them at all, you are not really doing anything wrong; you are following the AC21 provisions in changing the jobs when permitted to an appropriate type of job position and only if the USCIS asks you to verify your employment prior to approving your I-485, you provide them with information in compliance and conformance with AC21.

Hope this helps.
 
You must log in or register to reply here.
Top