Transferring a Pending H1

K

krimas

Registered Users (C)
Employer A has just filed for an H1 transfer for me.
I am in possession of the INS Receipt and paychecks
from A.

I have an offer from Employer B. Can Employer B file for
an H1 transfer for me based only on the H1 Reciept and
paychecks from Employer A ?

Again, I do not have an approved H1B from Employer A,
only a H1 Receipt indicating proof-of-filing.

Any advice will be much appreciated!
 
Yes you can, but your status might be in a jeopardy if company A withdraws H1 application after you switch to company B.
 
Hi Krimas,
Did anything work out for you? I am in the same situation, so I would highly appreciate if you posted your experience


Thanks a lot!


- Shekar
 
I have not tried this yet. Will post to this board
when the time comes.

Meanwhile, good luck!
 
yes! i had a consultation with an attorney, and here is the summary, for the benefit of those in the same position:-

1. as jaxen said, you CAN transfer a pending H1.
2. the problem - according to the attorney - is that your newly-filed H1 is dependent on, and hence hostage to, the pending H1.

If for any reason, there is a problem with the pending H1 - for example,

- if the pending H1 is denied, or
- as jaxen pointed out, the pending H1 is withdrawn by the old employer,
then your new H1 application is in jeopardy.

Again, this is as per my attorney, I am no lawyer myself (disclaimer :)

hope this helps!.......
 
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