H1B petition under processing, change employer before stamping?

[lin24]

Hi all,

A consultant company (A) filed for my H1B petition. It is currently under processing, and I have the receipt number from the I797-C form. This is my first H1B petition, have not worked in US before. However I have a US Masters degree, so I hope that it is approved (fingers crossed!).

I am in talks with another company (B) for a full-time corporate opportunity starting in Nov 2014, and they appear to be quite interested in my profile. If that works and my H1B is approved, then I prefer to start with B, and not A.

I have a couple of questions, could the seasoned forummers please help clarify?

(1) If and once my H1B petition is approved, can I transfer the petition to B, so that I can start a job with B instead of with original petitioner A?
(2) Will company A ever get to know that I have requested to change employer to B? I don't want them to cancel my petition (if that as possible).
(3) Will the current H1B petition get revoked under any circumstance if USCIS sees that I have changed employers and go for stamping with new employer B?
(4) Is a copy of the i797c or receipt number sufficient for employer B to process a transfer of my petition? Do I need to provide any "no objection" letter (or anything like that) from employer A if I want to transfer to employer B?

As with many consultant companies, I have taken on the cost of submitting the petition, so employer A is in no way going to be impacted financially if I were to change jobs. They will only start looking for a client once my H1B is approved. If they don't find a client then I think I wont even be required to be in US.

Hearing the horror stories from many others who have started with consulting companies, my preference is to start full-time with B, rather than A.

Hope to get some clarification around this from you all.

Thanks!

[raghvi]

Hi all,

A consultant company (A) filed for my H1B petition. It is currently under processing, and I have the receipt number from the I797-C form. This is my first H1B petition, have not worked in US before. However I have a US Masters degree, so I hope that it is approved (fingers crossed!).

I am in talks with another company (B) for a full-time opportunity starting in Nov 2014, and they appear to be quite interested in my profile. If that works and my H1B is approved, then I prefer to start with B, and not A.

I have a couple of questions, could the seasoned forummers please help clarify?

(1) If and once my H1B petition is approved, can I transfer the petition to B, so that I can start a job with B instead of with original petitioner A?
(2) Will company A ever get to know that I have requested to change employer to B? I don't want them to cancel my petition (if that as possible).
(3) Will the current H1B petition get revoked under any circumstance if USCIS sees that I have changed employers and go for stamping with new employer B?

Hope to get some clarification around this from you all.

Thanks!

http://www.immihelp.com/forum/showthread.php/123172-Can-I-transfer-H1-immediately-after-approval

[lin24]

http://www.immihelp.com/forum/showth...after-approval

Thanks very much! You mentioned in your answer "But the transfer to the Full Time Employer should happen before 01-Oct-2014 otherwise, if you dont work for the consultant employee from 01-Oct-2014 you would go out of status."

Does it mean that I will need to get an offer and transfer the H1B to employer B before Oct 01, even if I go for stamping only later?

[raghvi]

Thanks very much! You mentioned in your answer "But the transfer to the Full Time Employer should happen before 01-Oct-2014 otherwise, if you dont work for the consultant employee from 01-Oct-2014 you would go out of status."

Does it mean that I will need to get an offer and transfer the H1B to employer B before Oct 01, even if I go for stamping only later?

Whats your current status? What would be your status on 30-Sep-2014?

[lin24]

Whats your current status? What would be your status on 30-Sep-2014?

I am currently on F2 visa. I can continue to maintain that status on 30 Sep 2014 (as my spouse is on OPT). I intend to travel to India for stamping.

[raghvi]

I am currently on F2 visa. I can continue to maintain that status on 30 Sep 2014 (as my spouse is on OPT). I intend to travel to India for stamping.

I am assuming your F2 to H1 with A is being processes as COS hence on 01-Oct-2014 you would automatically move to H1 with Employer A and should work with Employer A.

If you are planning to leave and go for stamping with employer B, I am assuming you would be leaving prior to 01-Oct-2014 and return after getting stamped using B's H1 petition.

If your plan is otherwise do let us know and maybe we can suggest.

This is my opinion not legal advice.

[lin24]

I am assuming your F2 to H1 with A is being processes as COS hence on 01-Oct-2014 you would automatically move to H1 with Employer A and should work with Employer A.

If you are planning to leave and go for stamping with employer B, I am assuming you would be leaving prior to 01-Oct-2014 and return after getting stamped using B's H1 petition.
.

Hi raghvi,

If my H1B gets approved, then I plan to leave prior to 01 Oct '14 and get the stamping done at a consular office. I plan to do this (i.e. consular processing) whether is it with stamping through company A or B, as I will be going to India in September anyway. If I get an offer through B, then I will get the stamping done through B.

I do not know whether company A's petition is being processed as a COS. Is that the default? Should I check with the lawyer? If it is being processed as COS, then can I still go for consular processing?

[raghvi]

If Company A's petition is being processed as COS and you are in US from COS start date you should join them.

If you are outside US on the COS date ,and are planning to attend the visa interview them I dont see any issue as long as you attend the interview with the petition of the company you planning to join.


This is my opinion not legal advice.