Very imp and urgent

H

HelloAmerica

Registered Users (C)
I have my H1B and TN pending case.
I just got one more offer in another company and they want me in that company rightaway.
The company is ready to sponsor either TN or H1 Transfer(if my H1B is approved).
I dont wantto loose H1B and the new company wants me to join ASAP on any visa.
What to do to join the new company ASAP and preserve my H1 for H1 transfer.
Help me nelsona with your good advice.
 
Based on what I learnt. you have to have an active H1 in order to transfer to another employer. If your H1 wasn't activated last year you can't transfer unless you activate it this year in October.

or if it was activated automatically last October you have an option to transfer H1 with premium fee and it will be done in 14 days.

Also if you apply new TN and pay premium you can also have it done in 14 day.

The quickest option is to go to any POE and apply for a new TN and you can have it as soon as you walk out from their office if its approved.

Pick any of these options.

HTH
 
Pending cases

My H1B is still pending along with TN pending case but right now i have one more job offer and they are insisting to join ASAP.
 
You can go to POE and get the new TN.

Once get the new TN you need to send the cancellation for mail-in TN.

if you get the approval for H1 and I-94 attached to it, then on October 1 you need to get out and come back on TN again.

HTH
 
Hmmmm

But i want to be on H1B in new company.So if i join new company on New TN then when i get H1B for old company by october can i transfer that H1B.
 
The safest way to get to new company on H1 is to stay with your old one until October 2nd, and then switch. Your new firm will still have to pay for a new h1, but you can switch to H1 as soon as the paperwork is done.

In the meantime, you may simply have to work both jobs on TN, and then stop at comapny 2 for a few days at beginning of October.

Otherwise, if you leave your H1 sponsor now, they could (and proabaly should, by law) cancel your H1. Which leaves you in TN for another year.


In other words, portability of H1 doesn't happen until your H1 is active.

Your question is becoming more H1-ish than TN-ish at this point.

I suggest asking this on the various H1 threads.
 
ya right

Nelsona ya i will post this in H1 forum.
But can i start to work in new company on new TN and after october 2nd just transfer my H1 to new company or do i need to activate H1 with old company at the border and submit to new comapny for transfer.
ya i want to be H1 than TN.Suggets me nelsona.
 
If you continue to work with your old campany, and if your H1 approval has an I-94 attached to it, you will become AUTOMATICALLY on October 1, H1 for old comapny. Your TNs (both of them, if you decide to work for second company on TN now) will be suspended.
That is why I said you might not be able to work for new firm for a few day in October, while you prepare/submit your H1 paperwork for that company.

If your H1 approval does NOT have an I-94 on it, then your TNs stay valid, and you can then simply get your new company to start work on the transfer. Technically, you don't need to activate the H1 to transfer it, but you do have to wait until October 1.

So, best way top proceed:

1. Get TN with new firm, and work for both now.
2. Prepare H1 paperwork for submission after October 1 with new firm.
3. On October 1 you will either still be TN for both firms, or will be H1 for only old firm, so do not work for new firm on that day until H1 is submitted.
3a. On October 1, submit H1 paperwork.
 
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wow

Excellent Nelsona
Very good advice and very clear to me.
So
1) I will join the new company with new TN.
2) Then Oct1 i will not work for new company and submit papers on that day bcs i will submit my documents for H1 Transfer.
3)oct.2nd i will resume to work for new comapany.
My old company is flexible bcs they will not cancel my H1 when i leave them.
Thank you nelsona
 
My old company is flexible bcs they will not cancel my H1 when i leave them.
Click to expand...
That's nice, but their lawyer may say otherwise, as there is a legal requirement to report when H1 is no longer valid. This doesn't necessarily mean that you wouldn't be able to get h1 with new firm, but if they cancel it before October 1, you might be on shaky ground, as you are porting an H1 that never really existed.
 
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You MIGHT be able to file H1 sooner than October 1.

You need to persue this on an H1 thread, but you may be able to submit a new H1 sbmission AFTER you get your H1 approval, since at that point, you would already be counted against the cap, so it would be just like someone getting 2 H1s, which is fine, both with start date of Oct 01.

I was getting focussed on the immediate PORTING aspect, which obviously requires active H1. But you don't need immediate porting at this point since all this is in the future.

So, from what I now understand, you can submit a second H1 as soon as your initail one is approved (some say you can do so as soon as your fist H1 CASE as been accepted but I wouldn't push it).
 
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