Is H1 transfer possible here??

V

visaseeker03

Registered Users (C)
Hello,
Company A holds my H1 visa. My H1 visa expired on 30th sept but my H1 extn papers were filed in Aug. Now i have received a very good offer from company B. I have the receipt number of my H1 extn, applied from company A. Now, can company B transfer my h1 visa from company A in this scenario?
Since my H1 extn was applied with VSC, due the existing delays, it may take upto dec/Jan and company B cannot wait till that time. Company A probably would not apply for premium processing, so what are my chances in this scenario to get an employment with company B.
Regards,
Visa seeker
 
I am in same boat as you are ...

But I have got following replies from people
1st Reply
<<It may be possible in theory but it's a tricky situation and not advisable, definitely not COS. Petition adjudication process at USCIS is not that sophisticated. Even if USCIS understands your situation correctly, they will NEVER adjudicate your new H-1B until current extension is approved. The only way to do it now without creating a complicated situation is that your new employer files an H-1B petition designating Consular processing, but there is no guarantee that they will adjudicate the petition quickly without paying attention to the outcome of the pending extension.

Wait until the extension is approved. File premium processing if you have to. As long as you maintain valid H-1B status, you can take advantage of H-1B portability. If you wait for the extension to be approved, next step will be easy. As soon as your new employer files new H-1B petition, you can start working for the new employer if you want to.
>>
2nd Reply
<<Yes, it is possible. You can apply H1 transfer based on your pending H1 ext by providing your H1B receipt notice.>>
 
Thanks Kalasi for your reply..

I think then it is best to wait for the extension to come through and then get H1 transferred.

Can i personally file for the PP for the H1 extn? since my current company, A would not file for it.
 
Thanks for your reply.

My case was filed with VSC and it is seeing heavy delays(around 5 months for H1 extn). Lets suppose if company A (which i am working right now) applies for premium-processing of my h1 extn would my wfie's H4 extension also be processed quickly?
 
Visa H1B

We arrived in US on H1B Multiple visa in Dec. 2006 valid Dec. 2009.
With Company "A" due to some problems went to Company "B" who had file I-539 for transfer of our visa, which is pending. Now Company "C" had offered a good salary and benefits.

How can I get back to Company "C"

Second thing is We have to attend the marriage of my son for two weeks, we have confirm tickets to returned on Dec. 10, 2007
1- Can we travel?

2. How we can transfer our visas, what should we do?

Request your urgent attention, please. thank you
 
1- Can we travel?
yes, since you have valid visas till 2009, no problem for re-entry.

2. How we can transfer our visas, what should we do?
Your transfers have to be filed premium.
 
visaseeker03 said:
Thanks for your reply.

My case was filed with VSC and it is seeing heavy delays(around 5 months for H1 extn). Lets suppose if company A (which i am working right now) applies for premium-processing of my h1 extn would my wfie's H4 extension also be processed quickly?
Click to expand...

Yes H-4 applications are processed in PP too as a courtesy.
 
Sabiha said:
We arrived in US on H1B Multiple visa in Dec. 2006 valid Dec. 2009.
With Company "A" due to some problems went to Company "B" who had file I-539 for transfer of our visa, which is pending. Now Company "C" had offered a good salary and benefits.

How can I get back to Company "C"

Second thing is We have to attend the marriage of my son for two weeks, we have confirm tickets to returned on Dec. 10, 2007
1- Can we travel?

2. How we can transfer our visas, what should we do?

Request your urgent attention, please. thank you
Click to expand...

For filing H-1B transfer to Company C you need paystubs from Company B. Upgrade the A to B transfer to premium and then proceed with B to C transfer. A to C transfer is also possible provided you are still employed with Company A and haven't crossed the start date for company B as per the pending application.
 
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