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  #1 (permalink)  
Old 04-23-2007, 10:36 AM
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skark is on a distinguished road
Question All H1B transfer posts here

Hi,

Employee of company A accepts an offer from another company B which promptly applies for a H1B transfer premium processing and its approved. Now the employee cannot join company B due to some problem and wants to remain with company A. Does company A need to apply for H1 transfer?


As I understand there will be no need to apply for the transfer again and the employee can continue working for company A. But the tricky part here is what if company B cancels the employees H1 visa seeing the employee did not join its workforce (considering that it just transferred it)?

Can some knowledgeable people please comment on the above scenario please.
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  #2 (permalink)  
Old 04-23-2007, 11:36 AM
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Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts Munna Bhai is infamous around these parts
Default no need to worry..

Quote:
Originally Posted by skark
Hi,

Employee of company A accepts an offer from another company B which promptly applies for a H1B transfer premium processing and its approved. Now the employee cannot join company B due to some problem and wants to remain with company A. Does company A need to apply for H1 transfer?


As I understand there will be no need to apply for the transfer again and the employee can continue working for company A. But the tricky part here is what if company B cancels the employees H1 visa seeing the employee did not join its workforce (considering that it just transferred it)?

Can some knowledgeable people please comment on the above scenario please.

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.
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  #3 (permalink)  
Old 04-25-2007, 02:41 PM
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lanxiong is on a distinguished road
Default H1b tranfer

my current company has already filed I 140 for me, but I received an offer from another company and plan to accept it. My question is does the I 140 application will affect my H1B transfer?

Thanks a lot!!
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  #4 (permalink)  
Old 05-12-2007, 11:22 PM
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nsk123 is on a distinguished road
Default

I entered US on H4. Then applied for H1 for software job. worked for 2 months last yr and then went for maternity leave.
Now I started working again and I still have to go for stamping.
I have completed CPA and I would like to move to an accounting firm ( they have to file my H1 transfer with accounting domain).
Is this going to cause any problem during H1 transfer or stamping??

Thanks,
NSK.

I entered US on H4. Then applied for H1 for software job. worked for 2 months last yr and then went for maternity leave.
Now I started working again and I still have to go for stamping.

I have completed CPA and I would like to move to an accounting firm ( they have to file my H1 transfer with accounting domain).
Is this going to cause any problem during H1 transfer or stamping??

Please advise me...

Thanks,
NSK.

Last edited by pappu; 05-23-2007 at 05:22 PM.
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  #5 (permalink)  
Old 05-26-2007, 02:55 PM
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meierli is on a distinguished road
Exclamation H1B transfer process

My current employer told me 2 days ago that he will lay me off. It hit me out of nowhere cause there were no signs pr signals. I dont know how much time he will give me to find a new job. So, here are my questions?

How much time do I have legally to find a new job and to get the visa transferred?

Which forms has the new company to file and how much gonna be the fees?

Is premium processing possible?

Can I start working for a non-for-profit organization?

Does anybody know of website for H1B accounting jobs?

Your help is much appreciated .
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  #6 (permalink)  
Old 06-08-2007, 02:37 PM
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tanzu is on a distinguished road
Default Please Help - H1b Transfer

Hi, guys! Please help me I need information about H1B transfer. If I get my H1B with company A can I apply for transfer with another company B without starting work with company A? If itís possible, when I can apply for transfer? Please respond, Iím in big trouble!
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  #7 (permalink)  
Old 06-12-2007, 07:44 PM
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H1bslave is a splendid one to behold H1bslave is a splendid one to behold H1bslave is a splendid one to behold H1bslave is a splendid one to behold H1bslave is a splendid one to behold H1bslave is a splendid one to behold H1bslave is a splendid one to behold
Default when does H1 tranfer receipt comes?

Gurus please help me with these questions:

1)- Do I need to wait for receipt to join new company? or I can join earlier?

2)- how many days after filing transfer we should get receipt for the same?


Thanks in advance,
Shilpi
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  #8 (permalink)  
Old 06-13-2007, 01:51 PM
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Default H1b RFE

A friend of mine transferred his H1b from company A to company B. He applied for the H1b transfer and then started working on company B. His H1b from company A expired while his petition was pending with USCIS. He received an RFE after 3 months. Company B responded to RFE but received one more RFE for the previously responded RFE. Now my friend fears that his H1b transfer petition may be denied. Would it be possible for my friend to return to company A and apply for H1b under premium processing even though his H1b with this company expired couple of months back? He has been working all this while on the basis that his petition is still pending with USCIS. Any suggestions or advise would be much appreciated.
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  #9 (permalink)  
Old 06-13-2007, 02:51 PM
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agiridhar is on a distinguished road
Default

Quote:
Originally Posted by lonedesi
A friend of mine transferred his H1b from company A to company B. He applied for the H1b transfer and then started working on company B. His H1b from company A expired while his petition was pending with USCIS. He received an RFE after 3 months. Company B responded to RFE but received one more RFE for the previously responded RFE. Now my friend fears that his H1b transfer petition may be denied. Would it be possible for my friend to return to company A and apply for H1b under premium processing even though his H1b with this company expired couple of months back? He has been working all this while on the basis that his petition is still pending with USCIS. Any suggestions or advise would be much appreciated.
Legally you can start working for company B once you get the receipt.

think there is no limitation on number of H1's filed for one. so you can go back to company A for the H1 or go to a new company C for that matter.

and as always get a lawyers opinion.
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  #10 (permalink)  
Old 06-13-2007, 03:06 PM
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Default But....

But will the duration he was with company B while the petiton was pending with USCIS be considered as out-of-status if he returns to company A now? Also his H1b for company A expired while he was away at company B. Will his petition now be considered a transfer back to company A or will it be considered as a new H1 as it had expired few months back?
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  #11 (permalink)  
Old 06-14-2007, 11:11 PM
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girish.sh is on a distinguished road
Default H1 Transfer within a month of arrival

Hi Company A has file for H1B and it got stamped. I came to USA last week and did not join them as they were not able to provide me job and were asking me to delay my trip to USA. Now last week monday they said they will terminate my visa and report to USCIS. My new employer has yet not applied for H1B transfer. So i wanted to know how much time do i have left to do it. Suppose Company A filed for visa cancellation on 11th June, Monday. Please let me know if there would be any problem in filing for H1B transfer now as Company A has filed for cancellation before i file for H1B Transfer.

I would appreciate a detiled reply.

Thanks,
Girish
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  #12 (permalink)  
Old 06-16-2007, 11:25 PM
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zico123 is on a distinguished road
Default

Quote:
Originally Posted by girish.sh
Suppose Company A filed for visa cancellation on 11th June, Monday. Please let me know if there would be any problem in filing for H1B transfer now as Company A has filed for cancellation before i file for H1B Transfer.
I have seen in other posts that you have about 2 weeks to get a new job who will file for transfer. But contact an attorney and if you cannot change job immediately then consider change of status to F1 or another status.
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  #13 (permalink)  
Old 06-17-2007, 12:16 AM
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girish.sh is on a distinguished road
Default

Ok, i have B1/B2 visa also stamped...can i changed the status to it?
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  #14 (permalink)  
Old 06-17-2007, 11:54 PM
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wkhalifa is on a distinguished road
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can any one help me i left my company and i joined another company (h1b transfer rec date was 3/13/07 and still pending is this normal ? if my previous company revoke my visa after the new copmany filed for the transfer will this be a reason for ins to deny my h1b transfer? please help

willy
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  #15 (permalink)  
Old 06-19-2007, 11:52 AM
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zico123 is on a distinguished road
Default

Quote:
Originally Posted by wkhalifa
if my previous company revoke my visa after the new copmany filed for the transfer will this be a reason for ins to deny my h1b transfer?
Once you get a receipt for your H1 transfer application you can start working for the new employer. From that point onwards your H1 application is linked to your new employer and no longer dependent on your old employer. I would suggest follow up with USCIS regarding your case.
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