New H1 with I-140 already being processed.

bharathk

Registered Users (C)
Hi,

My I-140 has already been filed with consular option. But I still need to be employed with the same company for atleast a year or more to complete the process. I am very skeptical about that right now.

In order to be in status, can I file for a new H1 for a different compnay while I already have the current H1. How much is it going to cost and is it considered a transfer. My aim to to have two H1's at the same time. I dont want to invalidate the current H1 by applying for a new H1.

Will it affect my current I-140 application and consular processing process if I have two valid H1s.

Thanks in advance.

Bharath.
 
My I-140 has already been filed with consular option. But I still need to be employed with the same company for at least a year or more to complete the process. I am very skeptical about that right now.

In order to be in status, can I file for a new H1 for a different company while I already have the current H1.
------------- you can file for H1 transfer if you have recent pay stubs, once you get the H1 transfer filing receipt you can join new employer
How much is it going to cost and is it considered a transfer.
------ Depend on the lawyer fees+BCIS fees it will be H1 transfer
My aim to to have two H1's at the same time. I dont want to invalidate the current H1 by applying for a new H1.
------- talk to good lawyer and explain your concern /reason to have 2 H1B
Will it affect my current I-140 application and consular processing process if I have two valid H1s.
------------ having transferred H1 will have nothing to do with I-140 both are different petition but your employer who filed I-140 he can revoke I-140 any time. AC21 is not applicable for CP option
 
Thanks for the quick reply.

Can I not apply for a new H1 rather than transfer the current H1 to the new emplyoer. I am not sure about the situation with my current employer.

So I dont want to transfer.

Thanks,
Bharath.
 
Can I not apply for a new H1 rather than transfer the current H1 to the new employer.
---- Your new employer CAN file for NEW Fresh H1 for you and it will take 4-6 months for approval (if H1b quota is not over) AND your NEW H1 approval have no I-94 extended or attached with that H1 approval notice if you want to USE that NEW h1 then exit US, get new H1B visa stamped and Reenter us and get new I-94 based on NEW H1.

If H1 transfer (you need recent pay stubs) then no need to go out H1 transfer will have I-94 attached with approval notice AND you can start working for new employer the day you fet H1 transfer filing receipt from BCIS**

--- if you have more confusion then go to your lawyer
I am not sure about the situation with my current employer.

So I dont want to transfer.
 
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