New h4 to h1 and then H1bTransfer -- URGENT--SOMEONE HELP!!

[divijaan]

hi
I had applied for h1b last year with a consultant. I was in India for vacation while my H1B was applied so i am not sure if my h1b is applied with COS or consular processing. And i am not sure if will be getting my i-94 in I-797 when my h1b is approved.

While awaiting status update on my RFE(more than 6 weeks since RFE replied) i have a full time job offer at a mid-size multinational company. I want to understand what are my options to get my H1b transferred to my new employer.

I dont have my previous H1b approved yet and i am not in anyones payroll yet.

Should i wait for my approval before i proceed with h1b transfer and What are the possibilities of my h1b transfer to be approved with COS from H4 to H1.

Thanks
DivJan

[Nattybone]

hi
I had applied for h1b last year with a consultant. I was in India for vacation while my H1B was applied so i am not sure if my h1b is applied with COS or consular processing. And i am not sure if will be getting my i-94 in I-797 when my h1b is approved.

While awaiting status update on my RFE(more than 6 weeks since RFE replied) i have a full time job offer at a mid-size multinational company. I want to understand what are my options to get my H1b transferred to my new employer.

I dont have my previous H1b approved yet and i am not in anyones payroll yet.

Should i wait for my approval before i proceed with h1b transfer and What are the possibilities of my h1b transfer to be approved with COS from H4 to H1.

Thanks
DivJan

Hello, DivJan.

You still seem to be on H4 visa (more clarity needed on when you applied and when you returned to USA). I am also assuming that the RFE you referred to was for your H1B petition. As your H1B is not approved yet, i do not think you can join the mid sized company. Are they ready to sponsor your H1B and then have you join?

Once your H1B is approved, you can transfer it to the new employer. Also, it is not clear from your post whether your H1B petition was picked up in the draw - there was an RFE (i am not sure what was the RFE in regards to) so i am assuming H1B was picked in the draw.

If the H1B was picked in the draw, i think you could have the new company file for your petition. You need to share the receipt number and have them file for your H1B.

Person thoughts.

Hope this helps.

Wishing you luck.

[kadkhiq81]

New h4 to h1 and then H1bTransfer -- URGENT--SOMEONE HELP!!

Your H1 has not been approved yet and it is not possible to transfer the petition. You need to have an approved petition copy to transfer to the new employer.

You are still on H4 and no way you can transfer your petition now.

This is my opinion.