Urgent - H1 transfer issue

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doors123

Registered Users (C)
Hello All,
I am in a big H1 tranfer mess and am very worried about it. I would highly appreciate if anyone can answer my question :

* The company which sponsored my last H1 went out of business
in March 2003. My H1 visa and I-94 expiry date are both Jan
2004. The company probably canceled my H1 visa with INS.

* I filed for a H1 transfer to Company A in April, 2003. The
transfer is still pending (it is taking 8 months these days)

* I want to move to a new Company B now. Can I apply for a
new transfer while I already have a H1 transfer to company A
pending ?

*Will my I-94 expiry date have any effect?

Thanks a lot for the help.

- Shekar
 
If the company went out of business, how likely do they take steps to cancel H1? Given that scenario your I94 might save your status.
However, you need paystubs to effect a H1 transfer. If you have valid paystubs either from original company then you can attempt transfer to B. if you are already working for company A and geting paystubs, yes you can apply for transfer with B.
However there is a risk of company A withdrawing h1 transfer in the latter scenario after you move to company B without company A H1 approval...your I94 cannot save you.
 
Hi Jaxen,
Thanks very much for your reply.

Why would company A's withdrawing the pending H1 transfer petition effect the transfer to company B?

Isn't it the same as in normal transfer cases where the old company might withdraw the H1 petition but the trasfer to new company is still effective.


Thanks
Shekar
 
jaxen -

please advise on this one. i, too, have been told that as long as the pending petion is ACTIVE (i.e., not withdrawn) at the TIME OF FILING of the new transfer petition, it does not matter if the pending petition is withdrawn after the new petition is filed. is this true?

thanks!
 
Yes it is true, If the I94 is expired already , and company A which is doing a h1 extension or transfer, withdraws the petition, then the time from I94 expiry till company transfer receipt date will be considered illegal status.
 
Please Help

I have finished working with company X on March of 2003 on H1, I have been working since then with company Y on a work permit. My work Permit will expire soon, Can I apply for H1 transfer even though it has been about 7 months since I left company X, my H1 expires on 12/2004. What Can I do?

Please advise
 
Jaxen, I am confused! Please reply

So, it is OK to file for new H1 B, I have used about 3 years of my H1 B in the past, currently I am on EADand pending AOS. I saw lots of posts that I am not even allowed to apply for H1 B after using EAD and being on AOS.
 
You can apply for new H1. the things you have to take care are
1.Was your first entry into US on h1 (or approval date of the Change of status to h1, if you were already in US on a different visa) 6 years ago? Then you have to use AC21 provision of 1 year visa requests on H1. Consult a lawyer.

2. If the new H1 company is different from the GC sponsoring company, it is better for you to send the change of employer to USCIS (but do it after H1 is applied for)

3. Do premium processing, so that you will know the fate of the H1 sooner.

While on adjustment of status you can be either use EAD or H1 for work authorization. By doing a new H1 your only problem is that you need to go to a US consulate and get the H1 stamp before proclaiming yourself to be on H1.
 
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