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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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Old 08-02-2006, 06:46 PM
Junior Member
Priority Date
:
Jan-07
Category
:
EB2
I140 Mailed Date
:
04/29/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/31/2007
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Join Date: Jun 2006
Posts: 11
cheshirecat has a little shameless behaviour in the past
Default H1b Transfer question

Hi,
Sorry if I posted in the wrong forum,

I recently changed job. My H1 transfer is not complete yet. Now I have received a very good offer from a different company. Can I transfer my H1 to this company now?

Thanks
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  #2 (permalink)  
Old 08-02-2006, 07:02 PM
Senior Member
Priority Date
:
Jul-04
Category
:
EB3
I140 Mailed Date
:
12/29/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/29/2004
Compare
Join Date: Jul 2006
Posts: 111
BumbleBee will become famous soon enough BumbleBee will become famous soon enough
Default

Quote:
Originally Posted by cheshirecat
Hi,
Sorry if I posted in the wrong forum,

I recently changed job. My H1 transfer is not complete yet. Now I have received a very good offer from a different company. Can I transfer my H1 to this company now?

Thanks
Yes, you can transfer to any employer and any number of times. At one point, I had 3 approved H1b, but as rule says, I could work only for one at a time
All the H1B's are valid till employer revokes it or it expires on its own.

The only danger I see in your case is continuous H1 status. If your current employerB goes ahead and cancels H1 petition, you would have worked illegally for the period of time you were with employerB. That can cause problem in your employerC h1 filling and/or future I-485 filling.

Even if employeeB cancels your petition but employerA hasn't cancel your h1 and it has not expired, then you will not be considered out of status, but you will be considered the one who have worked 'illegally'. This situation might give you h1 approval with employerC, but will have implications in 485 application.

Its better to wait till you get approval notice for employerB and then switch to employerC based on employerB's approval notice.
my 2 cents...

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BumbleBee
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