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  • H1 transfer by multiple companies

    Sir,

    Company A sponsored my H1B initially. Five months back, I changed over to Company B and under regular processing. The status is still showing as "Initial Review". Now I have a new offer from Company C and are ready to do premium processing. Can "C" process my H1 transfer while the transfer from "B" is on the move?

    Will "C" need any H1 related documents/info from "B"? I do have the offer letter and latest pay-stubs of "B" and all H1 approval docs from "A"

    Appreciate your help. Thank you,

    ASM

  • #2
    Hi,

    Did company B started paying you after you got the receipt notice.


    thiru

    Comment


    • #3
      Are you in the US? Are you working for either A or B?
      This is my opinion and not legal advice.

      Comment


      • #4
        I am currently in the US working for company B and under their payroll for the past 5 months. My H1 B transfer from company A to company B is still in the "Initial Review" status.

        Comment


        • #5
          You may also need receipt notice from B. Has your I-94 from A expired?
          This is my opinion and not legal advice.

          Comment


          • #6
            I-94 from Company "A" is still valid for next 8 months. What receipt/form I require from Company "B"?

            USCIS had sent my dependent's I-797C. I guess, Company "B" is holding mine. They only shared the petition number (WAC*) with me so that I can look up the status online.

            Thank you,
            ASM

            Comment


            • #7
              That would be fine.
              This is my opinion and not legal advice.

              Comment


              • #8
                Thank you very much for the advice. So my understanding is... with my petition number (no receipt notice copy) and my dependent's I-797C original receipt notice, Company C can file with my H1 transfer while the transfer with "B" is still under "Initial Review". I-94 from A is valid for 8 more months.

                "C" is ready for premium processing and is likely to complete the transfer within 5-7 business days. Will that clearance/approval be depended on the current transfer ( A to B) as is taking too long.

                Thank you,
                ASM

                Comment


                • #9
                  Sir,

                  Can you pl. help me with your suggestion. Have two questions.

                  1. I have the photo-copy of my receipt notice (I-129) and the original receipt notice of my dependents (I-797C) from company "B". Still under "Initial review" for 4 months as under regular processing. Are these documents enough for Company "C" to file my transfer for them? They are ready for Premium processing. My I-94 with company "A" is valid for 8 more months.

                  2. Will the USCIS approval for Company "C" be depended on the current transfer happening (A to B)?

                  Thank you Sir
                  ASM

                  Comment


                  • #10
                    C's petition will depend on B's petition since you have started working for B on receipt. You should not move to C without having approval with extension of status in hand to avoid further complications. It is also advisable to upgrade B's petition to premium. Consult an experienced immigration attorney.
                    This is my opinion and not legal advice.

                    Comment


                    • #11
                      Thank you very much for your suggestion.

                      ASM

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