H1B Transfer Tricky Situation

[YelloJacket]

Hello, I am in a rather tricky situation on H1B transfer issue and Id like to solicit your response regarding the same.

Heres' my issue:

I recently got an offer from another company that is willing to transfer my H1B. I spoke with the HR regarding when I can give my notice to my present employer. Ideally id give the notice after approval of H1B transfer, not so ideal is to give the notice after getting the receipt. However the HR convinced me that transfer is very straightforward process and it is something that will certainly go through. However she refused to entertain my request for putting off date of joining till the transfer gets approved.

Now my questions:
1. Its a rather small but pretty reputed company. I hate to lose the offer. Is it worth taking H1B risk with this offer?
2. If I accept the offer I will be forced to give my notice before I can ever know that the company has submitted H1B transfer and the Immigration dept has received the application and the employer has got back the notice. Is it worth taking the risk in this scenario?

All responses would be very much appreciated.

Best Regards,
YelloJacket

[YelloJacket]

Answers Please.

Any answers at all please here? I have an urgent situation......

[Nattybone]

Hello, I am in a rather tricky situation on H1B transfer issue and Id like to solicit your response regarding the same.

Heres' my issue:

I recently got an offer from another company that is willing to transfer my H1B. I spoke with the HR regarding when I can give my notice to my present employer. Ideally id give the notice after approval of H1B transfer, not so ideal is to give the notice after getting the receipt. However the HR convinced me that transfer is very straightforward process and it is something that will certainly go through. However she refused to entertain my request for putting off date of joining till the transfer gets approved.

Now my questions:
1. Its a rather small but pretty reputed company. I hate to lose the offer. Is it worth taking H1B risk with this offer?
2. If I accept the offer I will be forced to give my notice before I can ever know that the company has submitted H1B transfer and the Immigration dept has received the application and the employer has got back the notice. Is it worth taking the risk in this scenario?

All responses would be very much appreciated.

Best Regards,
YelloJacket

Hello, YelloJacket.

The one worry is, what if your current employer revokes your existing H1B (upon putting in your papers, before the transfer petition is filed by the new employer). You will be immediately Out of Status.

The safe thing is to atleast get the transfer petition acknowledgement if the not the transfer approval. If you have a good equation with your current employer and if you can part ways on an amicable note, you could consider giving them a notice and then let the new company initiate transfer.

Hope this helps.

Cheers,

[YelloJacket]

Thanks for Response

Hello, YelloJacket.

The one worry is, what if your current employer revokes your existing H1B (upon putting in your papers, before the transfer petition is filed by the new employer). You will be immediately Out of Status.

The safe thing is to atleast get the transfer petition acknowledgement if the not the transfer approval. If you have a good equation with your current employer and if you can part ways on an amicable note, you could consider giving them a notice and then let the new company initiate transfer.

Hope this helps.

Cheers,

To be honest ours is a big corporation, its highly unlikely they would play tricks. If they did - that would be significant loss of reputation for them and no one else would be interested in taking up H1B with this company. They would not take that chance. Take away H1Bs and the corporation is in trouble... But thanks for the response it certainly helps...