Steps for H1B Transfer

K

kkuregian

New Member
Hi,
Please help me to do my H1B transfer correct.
I just accepted an offer with company B, HR of company A that I am still working for did all of my immigration documentations. Company A applied for my green card and my H1B. I am in adjustment of status currently with receipt date of 11/04/2002. So I am safe to move to another company since its been way over 180 days since I got my receipt notice for adjustment of status. My position title and description in company B are the same as in company A. I am moving from Oklahoma to Massachusetts, and my Green Card is being adjusted in Texas Service Center. My questions are:
1) Do I need to hire an immigration lawyer to help me to transfer my H1B from company A to company B, I really doubt that company A would want to assist me with H1B transfer to company B and I do need an assistance with the transfer.
2) Today is 11/12/2004 is it realistic that I will be able to complete my H1B transfer, by 01/03/2005?
3) Should I transfer my Green Card case from Texas Service Center to Vermont Service Center? Or I am better of to file the change of address only and let my Green Card get adjusted in Texas?

Are there any other items that I should be aware of when transferring H1B to another company.

I hope to get some suggestions soon and appreciate your response.

Karina
 
kkuregian said:
Hi,
Please help me to do my H1B transfer correct.
I just accepted an offer with company B, HR of company A that I am still working for did all of my immigration documentations. Company A applied for my green card and my H1B. I am in adjustment of status currently with receipt date of 11/04/2002. So I am safe to move to another company since its been way over 180 days since I got my receipt notice for adjustment of status.
------ to use AC21 you need your I-140 APPROVED and I-485 pending more than 180 days, if your I-140 is approved you are eligible to use AC21
My position title and description in company B are the same as in company
---that is OK
A. I am moving from Oklahoma to Massachusetts, and my Green Card is being adjusted in Texas Service Center. My questions are:
1) Do I need to hire an immigration lawyer to help me to transfer my H1B from company A to company B, I really doubt that company A would want to assist me with H1B transfer to company B and I do need an assistance with the transfer.
----- you need lawyer to file H1 transfer company B lawyer can file H1 transfer, why the company A will assist you to file H1 transfer???? it is company B that has to file H1 transfer for you through company B lawyer and you have to provide documents to B or B lawyer to file H1 transfer
2) Today is 11/12/2004 is it realistic that I will be able to complete my H1B transfer, by 01/03/2005?
----- I dont know your service center where H1 transfer is going to be filed, I think if your company B is in MA and you are also moving to MA then B will file with VSC and the day you get H1 transfer filing reciept from USCIS ( may be in 10-15 days from filing date) you can join B with filing reciept
3) Should I transfer my Green Card case from Texas Service Center to Vermont Service Center? Or I am better of to file the change of address only and let my Green Card get adjusted in Texas?
------- file the change of address directly with Texas Service Center , attach your I-485 filing reciept, write your A#, DOB, pending I-485 reciept # and your past address and NEW address, mail the letter to Texas Service Center and out side the envelope write in big bold letters ATTN: ADDRESS CHANGE on Pending I-485, mail the envelope with certified return reciept and also update NCSC -1800, please remember the past lawyer who filed I-485 will get any RFE or FP notice Cc or I-485 approval copy, better change your lawyer, hire your lawyer fill up Form G28 with him let him update the service center that he represent you for your all immigration matters( you can also hire B lawyer)

Are there any other items that I should be aware of when transferring H1B to another company.
------ make sure that new lawyer file it as H1 Transfer NOT Fresh NEW H1, provide recent 3-4 pay stub copy and other documents.
I hope to get some suggestions soon and appreciate your response.
---- from your past employer/lawyer try to get approved LC copy, I-140 approval notice and I-485 filing reciepts.
Karina
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Ginnu,
Thank you very much for you response I will make sure to follow your suggestions.
Thanks again I appreciate your prompt response
 
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