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  #61 (permalink)  
Old 08-03-2007, 05:51 PM
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paulan is on a distinguished road
Default H1B transfer before oct

I had the same question so I asked my attorney and he told me that you can "transfer" your H1B after Oct 1 and benefit from AC21, meaning that as soon as company B files an H1B petition for you and you have proof of this filing, you can start working for them.

However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.

In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
I recommend you ask an attorney for your specific case.

Quote:
Originally Posted by new2H1&GC
Hi,
I just got my H1B approved through company A with start date of 1st Oct 07.
Can a transfer the H1B to another company without working for company A?
I am in the US on H4 visa. I read that if you are in the US can transfer within 60 days of start date, and if you are outside US then within 30 days of start date. Is this true? Thank you all for your replies. It would be a big help!!
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  #62 (permalink)  
Old 08-04-2007, 01:00 AM
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jingi1234 is infamous around these parts jingi1234 is infamous around these parts
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Quote:
Originally Posted by Munna Bhai
Since you have not joined company B then why you worry whether they cancel H1b or not. As long as company A is having your H1b, nothing to worry & no need for reapplying for H1b transfer back to company A. There is no concept of H1b transfer, every company apply a new H1b when you join them and employer/employee relationship exist as long as they don't cancel H1b. Hope this helps.

My friend has a similar situation.

He transferred H1 to Company B and worked for 5 weeks and descided to come back to company A (He is 100% sure that Company A didn't revoke / calcel his H1 and he has valid H1 till 2009).

IS this OK?

Please help by clarifying...

Thanks
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  #63 (permalink)  
Old 08-04-2007, 10:29 AM
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new2H1&GC is on a distinguished road
Question Thank you..one more question

Thank you so much for the reply. As you suggested, I will try to find an attorney and get more details. In the mean time I just have a few more questions.
1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?

Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
So my third question is
3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?


Again THANK YOU for your replies, it's a BIG HELP!

Quote:
Originally Posted by paulan
I had the same question so I asked my attorney and he told me that you can "transfer" your H1B after Oct 1 and benefit from AC21, meaning that as soon as company B files an H1B petition for you and you have proof of this filing, you can start working for them.

However, I understand that you want to "transfer" before Oct 1, in which case company B has to file a new H1B petition either regular or with premium processing. This new H1B is not counted against the cap because you have already been counted against the gap in the 6 previous years.

In short, you should be able to work for company B starting Oct 1 if they file for a new H1B now and it is approved by Oct 1.
I recommend you ask an attorney for your specific case.
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  #64 (permalink)  
Old 08-04-2007, 03:28 PM
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paulan is on a distinguished road
Default transfer- consult with attorney

Please see the answers below:

Quote:
Originally Posted by new2H1&GC
Thank you so much for the reply. As you suggested, I will try to find an attorney and get more details. In the mean time I just have a few more questions.
1.Do you know if pay stubs would be a problem to get the "transfer/new" H1B before Oct 1st? Since I wouldn't actually work with Company A, so I wouldn't have any pay stubs.
I am not sure if I understand your question. Do you mean to ask if the lack of pay stubs will be a problem if you file before Oct 1? There is no way that you can get pay stubs before Oct 1 because you are not allowed to work before that date.
2. Actually what's difference between getting the "transfer" before Oct 1st and getting a "new" H1B before Oct 1st? Is there some procedure difference?
The determining factor here is the timing. The term "transfer" is used when people have an H1B and they are under H1B status, meaning they are working already, in this case after Oct1. For example, Mr.X has been working for company A and gets a better offer for company B. The latter would file for an H1B petition in his name and under AC21, he would be allowed to start working with company B as soon as there is proof or receipt from USCIS of the H1B petition. That would be what is referred to as a "transfer".

The second option is to file before the H1B petition from company A takes effect (Oct 1). In this case, company B files for a new H1B petition in his name and instead of being able to start working as soon as the receipt number is received (AC21), Mr.X needs to wait for the application to be approved by USCIS. This can take anywhere from 2 weeks if done with premium processing to up to who knows how long depending on his case.

Keep in mind, that no matter what, you will not be able to work before Oct 1.

I would highly encourage you to ask an attorney for advice because this is a very important decision and you should not guide yourself by postings. I can only tell you what I have been informed and what I have researched, but I am not sure how it applies in your case.

You are asking about pay stubs and such and I am not sure how that would apply if you decide to say, work for 2 weeks for company A and then transfer to company B without proof of paystubs.


Company A (the company through which I got the H1B) is withholding the H1B approval notice Original until I am put on project. I went ahead with them for sponsorship because they guaranteed getting projects in my area and no "bench" time, but now after the approval came through, they don't seem as enthusiastic about placing me in local projects. In case there's a problem, I don't want to risk going through the whole "bench" period thing, that's why I am considering changing companies early itself, instead of waiting to find out for sure.
So my third question is
3. Is a COPY of H1B approval notice enough for getting a "new" H1B with company B?
Again, I think it is best to ask an attorney. I have no idea if a copy is enough or if they need an original. I am not familiar with this "bench-time" concept. Good luck and again, I recommend you consult with an attorney. I can only inform you on what relates to my experience.

Again THANK YOU for your replies, it's a BIG HELP!
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  #65 (permalink)  
Old 08-05-2007, 04:44 PM
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jingi1234 is infamous around these parts jingi1234 is infamous around these parts
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Quote:
Originally Posted by jingi1234
My friend has a similar situation.

He transferred H1 to Company B and worked for 5 weeks and descided to come back to company A (He is 100% sure that Company A didn't revoke / calcel his H1 and he has valid H1 till 2009).

IS this OK?

Please help by clarifying...

Thanks
Can some one please respond?

Thanks
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  #66 (permalink)  
Old 08-06-2007, 12:37 AM
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Default h1 b transfer processing time

HI
Prevously i was working with company A , last week i had moved to company B . Company B will be filing H1-b transfer for me this week .
so i would like to know the processing time for h1-b transfer . since my h1-b will be expiring on sep 30th 2007.
I can get my h1-transfer with in sep 30th 2007 or it takes . If it takes more time than ( sep 30th 2007 )to get h1-b transfer , what i need to do ?
Can i stay in U.S ???????? what will procedure .
please give me your valuable suggestions, Thanks in advance ....


Thanks
satya
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  #67 (permalink)  
Old 08-08-2007, 01:38 PM
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yanki is on a distinguished road
Default H1 transfer issue

I had H1 from company A with dates from 2005 to 2008. after working with Company A for one year, I moved to company B in 2006 (04/10/2006) and My H1 transfer with Company B is still pending. I got H1 RFE query from CSC last month with biglist of documents. Now I got news that CSC denied couple of H1s it seems recently..So can I ask company C to file H1 transfer petition so that even if CSC denies my H1 from Company B, I can maintain my legal H1 status. Or Can I ask Company B to file another H1 transfer petition at Vermont service center (because my company is in that region).

Please advise me on this...Thanks a alot in advance.
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  #68 (permalink)  
Old 08-08-2007, 02:08 PM
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small2006 has a spectacular aura about small2006 has a spectacular aura about
Default INTRA Company Transfer and H1B



Hi folks,

Here's my situation:
Currently applied for 485 and waiting for receipt
Will be applying for EAD/AP this week.
I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.

Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.

The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.

Coming to my question re H1B:
My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.

Please advice. Anything will help.

Thanks in advance.
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  #69 (permalink)  
Old 08-15-2007, 12:28 PM
VKP VKP is offline
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Default H1 Transfer without pay checks

I work for company A in india which has a subsidary company "B" in US.
On "B"'s request i worked in US for company B from July 2006 to Nov 2006 (for which i have valid pay checks).
I went back to India and worked for A till June and i came to US again to work for Company B.
Now as soon as i entered US, i have applied for a premium H1 company transfer to Company C.
Now i got a query to submit my Pay checks which i do not have as i resigned Company B after coming to US.
Please suggest me whats the ideal way to answer this query...

This is really urgent and Please reply ASAP
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  #70 (permalink)  
Old 08-15-2007, 02:06 PM
VKP VKP is offline
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Default H1 Query -- Response required, really urgent

I work for company A in india which has a subsidary company "B" in US.
On "B"'s request i worked in US for company B from July 2006 to Nov 2006 (for which i have valid pay checks).
I went back to India and worked for A till June and i came to US again to work for Company B.
Now as soon as i entered US, i have applied for a premium H1 company transfer to Company C.
Now i got a query to submit my Pay checks which i do not have as i resigned Company B after coming to US.
Please suggest me whats the ideal way to answer this query...

This is really urgent and Please reply ASAP
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  #71 (permalink)  
Old 08-15-2007, 02:28 PM
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rahul76 is on a distinguished road
Default H1B extension using old I-140?

My wife is currently with Employer A on her 7th year H-1B which is valid till Sep 2009. She also has her approved labor cert and I-140 from this employer, but decided to continue on my I-485 application. The I-140 however is still valid.

She now wants to change jobs to Employer B using H1 visa transfer. I am guessing she will need to include a copy of approved I-140 with her H1B transfer application. But Employer A is not providing us a copy of the I-140 approval.

Can someone please advise what we can do in this situation? Is a copy of I-140 critical in this situation? Or just a copy of online approved status will be sufficient? Any other ideas?

Thanks!!!
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  #72 (permalink)  
Old 08-20-2007, 11:37 PM
skb skb is offline
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skb is on a distinguished road
Default H1 B Transfer

Hi,

I get my H1B with company .A can I apply for transfer with another company B without starting work with company A?
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  #73 (permalink)  
Old 08-22-2007, 05:37 PM
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rahulpaper will become famous soon enough rahulpaper will become famous soon enough
Default H1B transfer question ...Is this situation risky?

Background: I am on 7th year of H1B (7-10 year extension based on approved 140). My H1stamping is valid till 2010. Applied 485 on Aug 1st 2007. Did not apply for EAD/AP.
Loosing job in my company is becoming realistic scenario in near future(no predictions yet) so...

Scenario 1: If in next few weeks (before 180days or AC21) I have to change Jobs, Can my new employer just transfer H1B (since H1B was extended on approved 140 Hence the confusion) or do they have to go through PERM + 140 and then do H1B transfer ? What happens if my employer revoke 140 (based on which i had the H1 extension) Do I loose ability to transfer H1B?

Scenario 2: If after 180 days (from aug 1st) I have to change job (using AC21) ..can my H1 be transferred to another employer without having a labor / 140 or will the new employer have to go through PERM + 140 to transfer H1?

I understand EAD is an option so I will apply for EAD but looking at number of applications it may be months before I get EAD card.

Thanks in advance
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  #74 (permalink)  
Old 08-23-2007, 09:12 AM
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achopra76 is on a distinguished road
Default gap in H1B

hi everyone,
i wondered if someone could help me find answer to the following questions.

I am a Physician and currently in Residency program which is for 3 years. my residency ends on 30th September 2008 and i have H1b status. I have been offered Fellowship in my desired specialty but it starts on 1st January 2009, therfore there is a gap of 3 months between the end of my current job and beginning of my next job.
so my questions are:
1. H1 petition which I will file for my fellowship starting 1st jan 2009 would be an extension of my current H1 or would I have to file a new H1?

2. suppose I find a job for 3 months gap period at the same institution where I have got my fellowship (keeping in mind that decription of this job would be a little different from what i will be starting from 1st jan 2009), would i have to file for 2 different H1B petitions (one for 3 month period starting 1st oct 2008 and the other for fellowship starting 1 st jan 2009).

3.also, I was thinking that if I file for H1 approval say in july 2008 for the fellowship starting 1st jan 2009 and get approval by mid september 2008. with the approved petition I go back to India and have a vacation for 3 months and come back to US in late december 2008 on H1B again for Fellowship beginning 1st jan 2009. In this case, what would be my status for the gap period of 3 months that I spent in India?
also, would I be issued a new SSN when i come back again. also, i have heard rumors that US embassy in Delhi can hassle you to get H1. How true is that?

Is there any other option someone can suggest?

Thanks for your patient in reading my message
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  #75 (permalink)  
Old 08-31-2007, 12:28 PM
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new2H1&GC is on a distinguished road
Exclamation H1B transfer before Oct 1st 2007

Hi all,
Sorry to be asking again, but I needed some details on changing employers before Oct 1st.
Here's the situation. I am currently on H4 and got my H1B approved this year through a consultancy with start date of Oct 1st 2007 (lucky to get through lottery).
I only have a copy of the H1B approval notice.
A few days back I got an offer for a full time position with another company (NOT a consultancy). And they are willing to do my H1B.
I learned through this forum, that applying for a change of employer before Oct 1st with an approved H1B, is like getting a new H1B only i'm already counted against the cap for the fiscal year. And because it's considered "new" paystubs are not required. Hope I've got this much right.

My questions are:
1. Are all the documents required the same as when you apply for a new H1B ? Only you also have to add the approved H1B notice?
2. Is it ok if a COPY of the H1B approval notice is sent? Consultancy had a verbal agreement with me that I should work for a year with them , but I don't think anything is on paper. Also they said they would only give me my H1B approval notice (original) once I was placed on a project with them.
3. Does the job title have to be the same? Consultancy applied as Programmer Analyst, and the new company needs a Web Programmer/Server Administrator. Would that cause any issues?
4. The new company plans to do premium processing, so if all goes well, can I start working with them as soon as the receipt notice comes in, or do I have to wait till I have the approval notice in hand?
5. Can the consultancy cause any problems for me with respect to my H1B? Is there any way they can find out about this and revoke my H1B?

If anyone has been through this and got their H1B approved with a different employer before the H1B start date, then please post your replies here. What were the hurdles , and what should I be wary of to ensure everything goes smoothly?

Last edited by new2H1&GC; 08-31-2007 at 12:31 PM.
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