Question on starting employment with H1B Transfer Receipt Notice

[MaheshLogin]

If a candidate starts his employment for new Company-B with H1B Transfer Receipt Notice - waiting for approval, and if previous employer Company-A cancels H1B petition filed on behalf of Company-A, will there be a problem?

It is quite possible that Company-A can file for cancellation of H1B Petition since the candidate is no more working for him. But the candidate has not yet got approval for Company-B and started working for Company-B with receipt notice. Isn't this a problem?

Please comment

Mahesh

 

[michael_w_lin]

Mahesh,

Once Company B filed for an H-1B transfer petition for you, you technically remain in a legal status, provided that you did not quit company A before the filing of the transfer petition by Company B. Often time, the USCIS would ask for your most recent pay statements and W2s from the time you lastly entered the US until the date that Company B filed for an H-1B transfer petition for you. So, keep that in mind, especially in a situation where Company A decided to withdraw the approved petition that it had filed for you.

Moreover, Company A's withdrawal of the originally approved H-1B petition puts you in a situation where if Company B's H-1B transfer petition is denied for whatever reason, you will be out of status.

As long as you have been gainfully employed without being put on the bench without pay and your transfer petition is approved with Company B, you should not have any problem.

Good luck.

Michael W. Lin
ml@ocho.com

 

[panthertrace]

On the same lines , is there way to find out whether Company A cancelled the H1B while we are waiting for company B's transfer petition to be approved. Also can company C file a H1B petition based on the pending approval for company B ?

Thanks