Jim/Jaxen please help, H1-B visa transfer?

P

Pomino

Registered Users (C)
I worked for company A until Nov 1 and then I started working for Company B who applied for my H1-B transfer( no gap in employment). I got the receipt notice of my new h1-B transfer from company B. I didn't like the employment with company B so I decided of changing the employer so I interviewed with company C who decided of doing my H1-B transfer so I resigned with company B on Nov 25 but as the immigration person who does the transfer was on vacation till yesterday they could not apply for my transfer immediately on Nov 25.
1.Am I going to be in problem, should I apply for H-4 visa under my husband's H1-B visa or should I wait for company C to apply for my H1-B visa transfer.
2.If I decide of waiting and doing H1-B transfer with Company C am I going to get approval without I-94.

Your reply will be highly appreciated in this matter.
 
Hi,

The only problem you'll have is you can't start employment with C until you have a receipt for H1B transfer in hand! That's what happened to my wife - they accepted to do H1B transfer but official start date was when lawyer advised us of receipt of H1B transfer application.

I think and my wife's company lawyer also was of the same opinion that starting immediately only after APPLYING for H1 transfer is very aggressive. Better wait for the receipt (within 2 weeks).

In the meantime, your status is strictly speaking still under H1B transfer of employer B since they haven't notified INS of revokation of that transfer.
 
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