multiple H1-B transfer applications

D

Dami

New Member
I was working for firm A with H1-B. Got laid off.. am on leave now for couple more weeks. Wondering if I should sign up with firm X or wait for better offer from firm Y. Supose i start visa proceedings with firm X, and i do get an offer from firm Y, is it legal to file another H1-B transfer with firm Y?, and then work for firm Y?

Anxious
 
No Title

I\'m not an attorney but my research indicates very stongly that you can have
more than one H1B at the same time. If you are no longer working for the
original H1B employer you will be out of status within 10 days unless you
begin a new H1B by filing an I-129.

Your new employer (whomever that will be) can file the I-129 as an update to
your H1B that you have abandoned. The employer won\'t have to pay the $1000
fee as long as you are within status for the first H1B. Otherwise I believe they
will have to file a new H1B and pay the fee.

The INS FAQ says:

"Who can an H-1B alien work for?

H-1B aliens may only work for the petitioning U.S. employer and only in the
H-1B activities described in the petition. The petitioning U.S. employer may
place the H-1B worker on the worksite of another employer if all applicable
rules (e.g., Department of Labor rules) are followed. H-1B aliens may work for
more than one U.S. employer, but must have an I-129 petition filed by each
employer."

Again, I\'m not an attorney.
 
No Title

I was working for company A & laid off in 20th Jan 01. But before that I applied for H1B transfer on 11th Jan thru. company B.
Q1.Is there any problem that i may face?

My next question is that my visa transfer from company A to B is pending.Can I use my I94 papers of company A to switch to company C.

Plz help
 
No Title

Hello All

I am in the same situation and here is what has happened so far in my case. I got laid off from company A on jan 30th, found a new job and joined it on Feb 1st week. However now I have accepted a new job from company C and they have my h1-b transfer procerss again..

I presented this situation to my lawyer,She seemed to think that it is not a problem and that as long as a detailed letter explaining your cirecumstances is sent along with your petition for transfer, INS should have no problems in approving this visa

AS regards to other question.. you can use I94 papers of company A to switch to Company C . Just let the employer know that an h1-b tranfer has been filed for Company B
 
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Hi Vansuram,

I sent my i94 of company A to company C & company C doesnot know that i already filed for h1 transfer thru. com B .
Is it going to be a problem.

plz. reply
 
No Title

Hi vansuram,
  I am in the exactly same situation. I got laid off on Jan 31 from Company A and Company B has filed my H1B transfer and the receipt date is Feb 6th and in the mean time I got a better offer from company C and they know my situation and did the same thing. They prepared a detailed affidavit saying i have been maintaining my status in US so far and submitted along with my H1B transfer petetion. They are using my paystubs from company A since i was not in payroll of company B. When i asked my attorney about any risk in doing that. She said there might be slight risk of me and my family going back to india come back with the new visa. Do you know it\'s possible, i mean did your attorney talked about you. Bye the way, did you get your H1 approved?
Please respond to me asap.

Thanks
Anil
 
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