H1B Transfer

P

pradeepusa

New Member
Hi,

I have changed my job in August after transferring my H1B from my earlier employer to new employer. Now my current employer says he can't process my green card. I need to switch to new employer who can do green card. Whether I can switch to new employer in (2-3 months) with same client and project? Will there be any issue in H1 Transfer. Can I continue with same client and project when I have changed the employer. Please suggest.
 
pradeepusa said:
Hi,

I have changed my job in August after transferring my H1B from my earlier employer to new employer. Now my current employer says he can't process my green card. I need to switch to new employer who can do green card. Whether I can switch to new employer in (2-3 months) with same client and project? Will there be any issue in H1 Transfer. Can I continue with same client and project when I have changed the employer. Please suggest.
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I don't see a reason why you can't switch employers in short time frame. So long as you find the new one that is willing to sponsor you for a GC, and they are okay with client/project, USCIS won't care. As long as a petition itself is approvable - i.e. the facts are true, the employer hasn't had problems with the immigration system in the past - it should get approved. While the petition to transfer is pending, you can work under the old employer's petition, assuming it's unexpired.
 
H1B petition transfer - Reg.

Hi,

I would like to know about the H1B transfer in my case. Please let me know your opinion. Thanks a lot for your help !

I am working for Company A. In Feb 2013, I will get my H1B petition approved from USCIS for company A and will appear for visa stamping later for company A.
I didn't travel to US yet. Meanwhile I am interested in switch to company B, who can offer good travel opportunities now.

Question1: Can my H1B approved petition after Feb 2013 be transfer from Company A to Company B?

Question2: I am interested in company transfer now. So, do I really need to get visa stamped for Company A for transfer process ? or approved petition from USCIS is enough ?

Question3: Is it necessary to be in US or travelled once to US for H1B visa transfer or we can do it from outside US?

Question4: Suppose in case my H1B request(I-797) applied by company B get approved by USCIS then do i need to get visa stamped on my passport again or Visa stamped from Company A will work for me on my entry in US.

Question5: Do we have any rules/regulations in case of H1B transfer, where company A can refuse the H1B visa transfer to company B or any way company A can know about my transfer process to B offline ?

Question6: Suppose, I got H1B petition approved and denied in visa stamping for company A. Using my approved petition, again can i apply for company B ?
and vice versa. Assuming petition validity till Jan 2015

Question7: Is there any open risk or concern that will arise later stages in H1B transfer processes for company A to B transfer ? I am new to this, don't know the background.


Thanks,
 
If you want to use company A as your back up option, and prefer to work for company B, that is totally fine. Let both petitions go through USCIS and get approved. Then apply for visa with the petition that you prefer (company B, I suppose), and more importantly, enter the U.S. and show that same petition at the border.

To your questions:

Q1 - Yes. Company B can file as soon as they like. The good news is there is no cap requirement for their petition, if you already have an approved petition subject to the cap (from Company A).
Q2 - Apply for visa using the petition from company B - that's the cleanest approach. OR - you can also apply with the company A petition, then travel, and start working for company B (assuming their petition got approved).
Q3 - You can do it outside the U.S. It's not really a "transfer" since they are not impacting your status (since you are not in the U.S.) - each approved petition is valid independently. When you cross the border, you are given status to work for a particular employer - at that time you'd use the approved petition as you like.
Q4 - Visa from company A is okay - provided it is the same visa classification (H1B).
Q5 - Company A can not do anything about your transfer.
Q6 - Yes, you can apply again.
Q7 - It is very safe.
 
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