Urgent: H1b Transfer & premium processing?

S

subash1977

Registered Users (C)
I am h1b with a employer A since one yr. (I was on OPT prior to that, and I have not got h1b stamped in my passport yet).

I have a job offer from company B, they said they will do h1b transfer only by normal procesing. ANy idea how long it will take for me to get the final papers? Can I travel out of US & reenter when the h1b transfer is in process?


- The new employer B said that they will do premium processing if, I pay $1000. Is it worth to go for it? . Also How do I make certain that they are indeed applying by premium processing?

Do I have to ask the new employer for some proof that they have applied for h1b before I quit/notify my current employer?

pl. help
thx.



:confused: :confused: :confused:
 
I have a job offer from company B, they said they will do h1b transfer only by normal processing. ANy idea how long it will take for me to get the final papers?
-----5-7 months
Can I travel out of US & reenter when the h1b transfer is in process?
---- You don’t have H1Visa stamp in your passport you need to get H1 visa stamp in passport to reenter

- The new employer B said that they will do premium processing if, I pay $1000. Is it worth to go for it? . Also How do I make certain that they are indeed applying by premium processing?
----- I will go with premium processing and it is worth paying
Do I have to ask the new employer for some proof that they have applied for h1b before I quit/notify my current employer?
----- Don’t quit/inform your currant employer before your receive the H1 transfer filing receipt from USCIS
 
If you are already in valid H-1B status and apply for an H-1B with another employer, you can begin working for the new employer on the basis of the receipt notice alone and do not have to wait for the approval notice. Of course, eventually, you will still need to have that new petition approved, but you can begin working for the new employer without waiting for the approval. However, if you plan to travel internationally without the approval, you can only do so if you still have a valid H-1B visa in your passport, even if obtained through a previous employer. As long as the visa is valid and you have a receipt notice from the new employer's H-1B petition, you can travel. I would not say that Premium Processing is really necessary unless you want to know sooner than later whether the petition is approved AND if you do need to travel and do not already have a valid H-1B visa in your passport, it would be better to process the new petition with Premium Processing so that you can obtain a new visa stamp. If you pay for it yourself, you can know that the employer filed it using premium processing, since the additional fee does not go to the company but is made payable to the USCIS. They would need to submit one additional form for the premium processing, and you can simply see if the check you provide for the extra fee is cashed by the USCIS.
 
thx for all this info.

with regard to the $1000 which my new employer is asking?
Do I write that check to USICS? and not to the employer?
Is this correct. ? If I am writing the check to USICS, then I have no worries?
can you pl. confirm on this. So that I can talk about this to my new employer
 
Employer has to pay the fees to USCIS. you dont pay directly to USCIS. you can pay to lawyer and lawyer can pay to USCIS
 
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Well, my new employer asked $1000 for premium processing?
If I write that check to the employer, how do I make sure that they have indeed applied via premium processing?
 
That is absolutely not true. Before, when as part of the H-1B petition, the employer had to pay the additional $1000 training fund fee, that fee HAD to be paid by the employer and could not be asked of the employee. However, the Premium Processing fee can absolutely be paid by the employee. I am not suggesting that the fee be sent directly to the USCIS. I am saying make a check or MO payable to USCIS, send it to the attorney or employer preparing the application and they will include it along with the I-907 form for Premium Processing and the rest of the H-1B visa petition.
 
thx, thats sounds right. Just one more q's -:)

If they have already send/applied for my h1b transfer via regular processing, can I then ask them to convert it to premium processing by paying the additional $1000.
 
Yes, absolutely. If the H-1B petition has already been filed using regular processing and you want to convert it to Premium Processing, with the copy of the receipt notice, form I-907 and the check for the extra fee and a cover letter requesting the conversion, it can easily be accomplished.
 
One more Q's pl.

I am thinking that the h1b filing receipt (from new employer) is enough to stay in status & work, even if my previous employer cancels my current h1... say after the new employer has sent the papers over... for h1b trasfer?

Bottom line Q? When is it safe to join my new emp & walk out of my current employer/job?
I was on OPT a yr back & I only have h1b papers (no stamping yet)

thanks, they forum rocks! -:)
 
yes, once you have received the H-1B receipt notice from the second employer's filing of the H-1B petition on your behalf, it is absolutely safe to leave the current employer and join the new one. and you can hold off on the conversion to the premium processing until such time as you feel you really might need to travel internationally so you'll need the approval in order to consular process for your visa abroad.
 
what about the wife on H4

When filing H1B transfer, do the new employer have to file H4 transfer for wife at the same time? Otherwise, how can the wife be in status the same time?

Thanks

Also one more question, what if the transfer receipt is received after the current H1B expired assuming that the current employer has filed for extension?
 
The important thing is not when the receipt notice was received by you or employer but when the second H-1B petition was filed. That should be indicated on the receipt notice's receipt date (top left). As long as that date is BEFORE the expiration of the current H-1B, this is a smooth transition and, once approved, you will have the new I-94 appended to the bottom of the new H-1B approval.

As for the spouse's status as H-4, as long as her current H-4 is still valid, there is no need to extend her H-4. This may just mean that you need to watch for when her H-4 expires and file an extension timely so she does not fall out of status. But, if your H-1B and her H-4 were applied for and obtained at the same time, they would be expiring at the same time and her H-4 should be extended at the same time your new H-1B is being filed, if the old H-1B is expiring soon.
 
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