waiver transfer

[drrambo]

HI I m in the process of transferring waiver jobs i m a little confused with premium versus regular processing.

this is what my attorney recommended has anyone been through this

"Why do you want to file under Premium Processing? The reason I ask is that with subjective issues, we usually recommend you avoid Premium Processing. Please note that even if you don’t do PP, you are eligible to start working even before approval, so long as the H-1B is filed and the start date has arrived. Of course, if you want PP because you want to have closure to this issue, I understand. I just wanted to bring up this issue of concern"

 

[m_img]

"Why do you want to file under Premium Processing? The reason I ask is that with subjective issues, we usually recommend you avoid Premium Processing. Please note that even if you don’t do PP, you are eligible to start working even before approval, so long as the H-1B is filed and the start date has arrived. Of course, if you want PP because you want to have closure to this issue, I understand. I just wanted to bring up this issue of concern"

He's correct that you can start working as soon as H1-B is applied and start date has arrived. This is safe in case of general H1-B transfers. But J1-waiver H1-B transfers, I would be careful, unless the facility you're working is shut down then you're almost certain to have H1-B transfer accepted. I would ask the attorney, what if the H1-B is rejected?

I would go for PP so that it is resolved and I would not start new job unless it is approved. By the way, during this process you don't have to tell your current employer that you've applied for the H1-B transfer.

 

[drrambo]

thanks fior the reply i was thinking of applying for regular processing and then waiting for approval before i start my new job