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  #1 (permalink)  
Old 11-06-2007, 11:59 AM
vat vat is offline
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Default Can I switch job when my H1B transfer in progress ?

Hello folks !
Let me present my case before you all.
I came to US on H1B visa in 2004 and then my previous visa expired in 2006 and I have extended that visa but do not have it stamped on my passport as because I have not left USA during this period.
Now, I have changed a job 3 montsh back and my new employer is doing the H1B transfer which is in process. I have received the "receipt number" but yet to get the documents back from USCIS.
At this time, is it possible for me to switch to another job without having the papers from USCIS on the basis of the receipt number alone ? Or do I wait for the papers to come back from USCIS before I can think of switching another job ?
An early response is appreciated...
Thanks
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  #2 (permalink)  
Old 11-06-2007, 12:12 PM
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Nothing stops you from changing your employer and submitting another H1 "transfer" with a transfer pending. This is called an anchor transfer. But beware that if the pending transfer is withdrawn by your former employer then USCIS will deny the newer transfer. I read about that somewhere but I don't have the link right now.
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  #3 (permalink)  
Old 11-06-2007, 12:29 PM
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You can have any no of transfers before the first transfer is approved but for the final transfer to get approved, all the in-between transfers are to be approved. One issue could be one in-between company withdrawing the H1-B application and another issue could be one in-between company not responding to an RFE in time.
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  #4 (permalink)  
Old 11-06-2007, 12:40 PM
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Yes you can transfer based on the receipt number. There is not restriction on how many H1B petition can be filed on your behalf by different employers simultaneously. As long as you have no GAP in your paystubs during this transition you should be OK. I have gone through this experience in the past without any issue.
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