H1b transfer/amendment parallel processing - issues/concerns

[phoenix86]

I am in the U.S for the past 1.5 years on H1B visa with a small company. I have an offer now from a very large IT company, they are ready to do premium processing for my H1B transfer but they want me to give notice to my current company once I get the receipt number. Their HR team has assured me that they have the SOW and also the client letter. (The client is a very reputed one)

My current company filed a LCA when they put me in a new project in January and I was informed last week that they would filing a H1B amendment around August 14th to comply with the new H1B rules that a LCA alone would not be sufficient.

My concerns - how much of a risk it is to join only with the receipt number. In case the visa transfer and amendment process run parallel, what are the possible risks/issues. Current company would file the amendment by normal processing. In the case I get the receipt number before my current company files the amendment, and give notice to my current company and they decide not to file the amendment, would that create any issues for me in the future?

I am confused as to what to do, the new company say they can't wait until visa transfer and that would not work out when I insisted to join after visa transfer.

Your suggestions/advise would be much appreciated.

[kendallguy500]

I am in the same boat as yours...
My amendment is in process(regular) and meanwhile I have applied H1B transfer in premium.
As per my research H1B amendment has nothing to do with H1B transfer.

My advice would be ask your current employer to file H1B amendment and then immediately file a H1B transfer in Premium.
That is the right way to do. Most of the companies should wait if you ask them. My new client waited me for me for 2 months.

[kabkaba]

The new employer's petition will be independent of current employer's amendment. However, your status is determined by whether the amendment is filed in a timely fashion. I would wiat for approval rather than joining based on reciept. Premium processing is available now, so decision can be obtained in 15 days.

[phoenix86]

Thanks for the replies - new update

Thanks so much for your replies.

I just to got to know from another forum that the USCIS has issued a new clarification with regards to the H1B Amendment guidelines and rules. As per this, if an employee changed location/project before April 9th,2015, then the employer can "choose" to file an amendment by Jan 15th,2016. The deadline of August 19th 2015 does not apply to moves before April 9th 2015. I switched projects in Jan 2015. So, guess in my case, an amendment is not really required and I believe my current company wouldn't file an amendment now but maybe later this year on in Jan 2016

Extract from document.
"On or before April 9, 2015 -- The petitioner may choose to file an amended or new petition by January 15, 2016. Such requests to change an H-1B employee’s place
of employment will be deemed timely. Even if the petitioner does not file the amended or new petition by this date, USCIS will generally not pursue new revocations or denials based upon failure to file an amended or new petition."


Link : http://www.uscis.gov/sites/default/f...at_7_21_15.pdf

[kabkaba]

That is true. Technically, amendment has to be filed before change of work location and this is clarified in the link. But this August or January date is just a allowance given by USCIS for late filing. It is best to be on the safer side. Transfer can be filed using premium now, so I would just do that and join the new employer based on approval rather than receipt.

[phoenix86]

I am not sure if that can be done

I wouldn't be able to ask my current employer to file the amendment on premium processing. I don't see that happening.

[kabkaba]

Not amendment. File the transfer in premium.

[Maverick24]

H1B Transfer and awaiting approval on amendment petition in parallel

I am in the U.S for the past 1.5 years on H1B visa with a small company. I have an offer now from a very large IT company, they are ready to do premium processing for my H1B transfer but they want me to give notice to my current company once I get the receipt number. Their HR team has assured me that they have the SOW and also the client letter. (The client is a very reputed one)

My current company filed a LCA when they put me in a new project in January and I was informed last week that they would filing a H1B amendment around August 14th to comply with the new H1B rules that a LCA alone would not be sufficient.

My concerns - how much of a risk it is to join only with the receipt number. In case the visa transfer and amendment process run parallel, what are the possible risks/issues. Current company would file the amendment by normal processing. In the case I get the receipt number before my current company files the amendment, and give notice to my current company and they decide not to file the amendment, would that create any issues for me in the future?

I am confused as to what to do, the new company say they can't wait until visa transfer and that would not work out when I insisted to join after visa transfer.

Your suggestions/advise would be much appreciated.

I have a very similar case with some changes:

I currently work with a reputed IT company in US (on H1B) and very recently moved to a new client location on Jan 2016. My current employer went through an amendment petition for which we have received an acknowledgement from USCIS but awaiting approval.

I am now offered a new job from another company who is willing to transfer the H1B on premium processing.

My question is - is there any risk/issue initiating an H1B transfer whilst the approval is still pending on the amendment petition?

Appreciate all your help an expertise on this matter!

[gopu]

I have a very similar case with some changes:

I currently work with a reputed IT company in US (on H1B) and very recently moved to a new client location on Jan 2016. My current employer went through an amendment petition for which we have received an acknowledgement from USCIS but awaiting approval.

I am now offered a new job from another company who is willing to transfer the H1B on premium processing.

My question is - is there any risk/issue initiating an H1B transfer whilst the approval is still pending on the amendment petition?

Appreciate all your help an expertise on this matter!

Hi Maverick,

Can you please confirm if your case of transfer got approved as I am in the same boat and will file the transfer soon?

Thanks!

[findingsolace]

What's the latest update?

Hi Maverick,

Can you please confirm if your case of transfer got approved as I am in the same boat and will file the transfer soon?

Thanks!

Hi Maverick,
I am also in the same boat. Can you kindly provide an update on your case? Did the transfer to the new Employer get approved? Any challenges or difficulties that you faced?

Thanks in advance

[pbakash]

I have a very similar case with some changes:

I currently work with a reputed IT company in US (on H1B) and very recently moved to a new client location on Jan 2016. My current employer went through an amendment petition for which we have received an acknowledgement from USCIS but awaiting approval.

I am now offered a new job from another company who is willing to transfer the H1B on premium processing.

My question is - is there any risk/issue initiating an H1B transfer whilst the approval is still pending on the amendment petition?

Appreciate all your help an expertise on this matter!

I am in the same situation guys! Any advice or previous experience would be very much appreciated. Thanks.

[somras]

I am in the same situation guys! Any advice or previous experience would be very much appreciated. Thanks.

Prakash. Can you please let me know if your Transfer was approved when it was applied during pending amendment.

[wiijam]

LCA/H1B Amendment

I am working at location X and my project is getting over.
My employer has arranged for a new client and wants me to join immediately.
Should I wait for new LCA and H1B amendment receipt?
I am not even sure whether LCA should be created first or H1B amendment should be filed first.
Will it affect me at all?

sorry for my bad English. I have asked many Qs.