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**Nattybone** · 10-27-2013, 11:36 PM

Originally posted by love2us View Post

Hi Experts,

I need a urgent advise in my H1B Transfer from company A to B. Short background for me: I am working in Company A on H1-B valid till next 4 months. I got an offer
from company B and they want me to join with 15 days notice period & They willgo for H1-B transfer on PP and wanted me to join based on reciept acknowledgement. I have question on that.

Q1. I wanted to be on safe side and not to resign before the approval, But company B can't wait that long. Is it possible ?
Q1a. Can i join company B before resigning to company A, and wait for Visa transfer to complete and then resign in company A ?
Q1a.1. If yes, In that case my payroll will be run by both the employers at same time appoximate (15- 30 days). Is this illeagal ?
(FYI: I have seen some friends who worked with 2 companies at same time & also i have read the forums which suggest you cann't run payroll with two companies as h1b is not concurrent, but you can join.)
Q1a.2.If not , Is this is any workaround like applying unpaid leaves at Company A and joining Company B or any other option ?
Q1a.3. If not, Can any company B delay my payroll and pay me later / pay as gift coupon ?

Answer: What people normally do is, start working with the new employer once the Transfer petition's acknowledgement is received from USCIS. You could wait for transfer approval but, it seems, your new employer does not agree.

Also, please do not have any gap in employment while switching companies. Not even a day's gap.

I am sorry, i am not aware of the concept of multiple payroll and their consequences, so would not be able to comment.

Q2. If I resign company A and join company B based on the ackowledgement recipt and Incase my transfer got rejected with company B.
Q2.1. Can my company B file MTR(Motion to Reopen/Reconsider). If yes ,What's the requirement me/company B has to meet ?
Q2.2. Can I join my Company A back ? If yes ,What's the settlement i have to do before resigning?
Q2.3 Can I search Company C based on the payroll run buy company B?
Q2.4. Can I Search Company C based on the payroll run buy company A ? (Considering that company B has already run my payroll).
Q2.5. In how much time, i can join company A or search new comapny c after rejection of h1b transfer with company B.
Q2.6. In worst situation, My Wife also applied from H1-B still it is in approval phase ? If she got approval in b/w can I change my status to her dependent(H4) ?

Answer: If your transfer gets rejected, then you continue to be with Company A. Unless, specifically asked to leave the US (in case of any violation / out of status issue), you are, i feel, back with Employer A. (Provided your visa dates are valid).

You can always reappeal. You can switch to H4 on your wife's H1B. As long as you are in legal status, you could switch visas too. H1 to F1, H1 to H4.

I personally like to be with option 1 (Q1) as there is less risk envolved. Thanks in advance.

Thanks
Love2us

Hello, Love2us.

I am sharing my thoughts inline, above.

I hope this helps.

Cheers,

**love2us** · 10-29-2013, 04:15 AM

Originally posted by Nattybone View Post

Hello, Love2us.

I am sharing my thoughts inline, above.

I hope this helps.

Cheers,

Hi Experts,

I need a urgent advise in my H1B Transfer from company A to B. Short background for me: I am working in Company A on H1-B valid till next 4 months. I got an offer
from company B and they want me to join with 15 days notice period & They willgo for H1-B transfer on PP and wanted me to join based on reciept acknowledgement. I have question on that.

Q1. I wanted to be on safe side and not to resign before the approval, But company B can't wait that long. Is it possible ?
Q1a. Can i join company B before resigning to company A, and wait for Visa transfer to complete and then resign in company A ?
Q1a.1. If yes, In that case my payroll will be run by both the employers at same time appoximate (15- 30 days). Is this illeagal ?
(FYI: I have seen some friends who worked with 2 companies at same time & also i have read the forums which suggest you cann't run payroll with two companies as h1b is not concurrent, but you can join.)
Q1a.2.If not , Is this is any workaround like applying unpaid leaves at Company A and joining Company B or any other option ?
Q1a.3. If not, Can any company B delay my payroll and pay me later / pay as gift coupon ?

Answer: What people normally do is, start working with the new employer once the Transfer petition's acknowledgement is received from USCIS. You could wait for transfer approval but, it seems, your new employer does not agree.

Also, please do not have any gap in employment while switching companies. Not even a day's gap.

I am sorry, i am not aware of the concept of multiple payroll and their consequences, so would not be able to comment.

-->Thanks for your comment .. that is helpful . Also if some from expert team who can comment on overlapping.

Q2. If I resign company A and join company B based on the ackowledgement recipt and Incase my transfer got rejected with company B.
Q2.1. Can my company B file MTR(Motion to Reopen/Reconsider). If yes ,What's the requirement me/company B has to meet ?
Q2.2. Can I join my Company A back ? If yes ,What's the settlement i have to do before resigning?
Q2.3 Can I search Company C based on the payroll run buy company B?
Q2.4. Can I Search Company C based on the payroll run buy company A ? (Considering that company B has already run my payroll).
Q2.5. In how much time, i can join company A or search new comapny c after rejection of h1b transfer with company B.
Q2.6. In worst situation, My Wife also applied from H1-B still it is in approval phase ? If she got approval in b/w can I change my status to her dependent(H4) ?

Answer: If your transfer gets rejected, then you continue to be with Company A. Unless, specifically asked to leave the US (in case of any violation / out of status issue), you are, i feel, back with Employer A. (Provided your visa dates are valid).

--> Does it really mater if Employer B has ran payroll ? Does the transfer need to file again by employer A to take me back ? What's the formalities req

You can always reappeal. You can switch to H4 on your wife's H1B. As long as you are in legal status, you could switch visas too. H1 to F1, H1 to H4.

--> Also my visa is not yet approved . Does it make any effect on her new H1-B that is still in approval phase, she is on H4 visa that's dependent on my H1B ?

I personally like to be with option 1 (Q1) as there is less risk envolved. Thanks in advance.

Thanks
Love2us

**Nattybone** · 10-29-2013, 07:01 AM

Originally posted by love2us View Post

Hi Experts,

I need a urgent advise in my H1B Transfer from company A to B. Short background for me: I am working in Company A on H1-B valid till next 4 months. I got an offer
from company B and they want me to join with 15 days notice period & They willgo for H1-B transfer on PP and wanted me to join based on reciept acknowledgement. I have question on that.

Q1. I wanted to be on safe side and not to resign before the approval, But company B can't wait that long. Is it possible ?
Q1a. Can i join company B before resigning to company A, and wait for Visa transfer to complete and then resign in company A ?
Q1a.1. If yes, In that case my payroll will be run by both the employers at same time appoximate (15- 30 days). Is this illeagal ?
(FYI: I have seen some friends who worked with 2 companies at same time & also i have read the forums which suggest you cann't run payroll with two companies as h1b is not concurrent, but you can join.)
Q1a.2.If not , Is this is any workaround like applying unpaid leaves at Company A and joining Company B or any other option ?
Q1a.3. If not, Can any company B delay my payroll and pay me later / pay as gift coupon ?

Answer: What people normally do is, start working with the new employer once the Transfer petition's acknowledgement is received from USCIS. You could wait for transfer approval but, it seems, your new employer does not agree.

Also, please do not have any gap in employment while switching companies. Not even a day's gap.

I am sorry, i am not aware of the concept of multiple payroll and their consequences, so would not be able to comment.

-->Thanks for your comment .. that is helpful . Also if some from expert team who can comment on overlapping.

Q2. If I resign company A and join company B based on the ackowledgement recipt and Incase my transfer got rejected with company B.
Q2.1. Can my company B file MTR(Motion to Reopen/Reconsider). If yes ,What's the requirement me/company B has to meet ?
Q2.2. Can I join my Company A back ? If yes ,What's the settlement i have to do before resigning?
Q2.3 Can I search Company C based on the payroll run buy company B?
Q2.4. Can I Search Company C based on the payroll run buy company A ? (Considering that company B has already run my payroll).
Q2.5. In how much time, i can join company A or search new comapny c after rejection of h1b transfer with company B.
Q2.6. In worst situation, My Wife also applied from H1-B still it is in approval phase ? If she got approval in b/w can I change my status to her dependent(H4) ?

Answer: If your transfer gets rejected, then you continue to be with Company A. Unless, specifically asked to leave the US (in case of any violation / out of status issue), you are, i feel, back with Employer A. (Provided your visa dates are valid).

--> Does it really mater if Employer B has ran payroll ? Does the transfer need to file again by employer A to take me back ? What's the formalities req

You can always reappeal. You can switch to H4 on your wife's H1B. As long as you are in legal status, you could switch visas too. H1 to F1, H1 to H4.

--> Also my visa is not yet approved . Does it make any effect on her new H1-B that is still in approval phase, she is on H4 visa that's dependent on my H1B ?

I personally like to be with option 1 (Q1) as there is less risk envolved. Thanks in advance.

Thanks
Love2us

Hello, Love2us.

My thoughts on your queries:

--> Does it really mater if Employer B has ran payroll ? Does the transfer need to file again by employer A to take me back ? What's the formalities req
Response: As long as you are able to maintain status, in regards to running payroll, i feel, you should be fine as you had filed a transfer petition which led to B running your payroll. As regards, status in case of rejection of your petition. Think of it like this: You are sitting in City C and want to go to City Y. If you are NOT able to go to City Y, you continue to stay in City C. Same with the visa, you file for a transfer, if it gets rejected, you continue to be in your earlier visa situation, the one prior to filing.

Unless, specifically asked by USCIS, if they discover some violation, to leave or exit or a new date given, i believe, you are back to the condition you were in before filing the petition.

--> Also my visa is not yet approved . Does it make any effect on her new H1-B that is still in approval phase, she is on H4 visa that's dependent on my H1B ?

Response: As long as your H1B is in status, which is the basis of her H4, she is fine. Her H1B will be viewed on its own merit basis the documentation and her profile. Ofcourse, if you go Out of Status, then her H4 too is Out of Status. But, if she has already filed for H1B and at the time of her filing if she was in legal status then i feel she should be fine. (I say this because after filing for a petition, one is in a way on a waiting period basis that petition. If that petition was filed when one was in legal status and one loses that status after filing, it will not effect. Just like I94 expiring while one awaits decision on a petition already filed.)

Personal thoughts. I hope this helps.

Wishing you luck.

Cheers.

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