H1B transfer question

[H1B_15]

Hello All,

I was working for Company A from where I was laid off. I quickly found anther position with Company B and started my visa transfer which is not yet approved. I have still not started working for Company B. My visa petition from Company A was revoked (July 21) after the receipt notice was received for Company B (July 8). In the meanwhile, I received an offer from Company C which was my first choice and would like to work for them. Given that my visa petition from Company A is already revoked, can Company C transfer my visa while it is still pending with Company B? Has anyone been in this situation before or has any information on how to proceed?

Thank you.

[shervin143]

When was your last working day with Company A and when did Company B file the transfer. Was that before or after your last working day at Company A? You have mentioned that you are not current working. How long have you been out of status on H1B? Why didn't you join Company B after getting receiving the H1B receipt notice to avoid or reduce out of status period?

[H1B_15]

When was your last working day with Company A and when did Company B file the transfer. Was that before or after your last working day at Company A? You have mentioned that you are not current working. How long have you been out of status on H1B? Why didn't you join Company B after getting receiving the H1B receipt notice to avoid or reduce out of status period?

Last working day was June 19 and received last paycheck July 10 (pay period June 15 to June 30) from Company A. Company B filed for LCA on June 29 and H1B transfer receipt notice was received on July 8. If the H1B transfer is in process, is that considered out of status? Company B is looking for a project for me so haven't got one yet. If Company B transfer was filed before Company A revoked their H1B petition, is that ok?

[shervin143]

Technically when you are in H1B, you need to be working and getting paid to maintain the H1B status. Irrespective of when Company A revoked your H1B petition, you are considered out of status for the period for which you don't have pay slips. But since Company B initiated the transfer quick enough with your last pay slip, your transfer might go through successfully, unless there is an RFE and USCIS requests you to send the latest pay slip. But, I think you are fine with the transfer to Company B. Try and join Company B asap to avoid accumulating more out of status period. A transfer now to Company C might or might not get approved (Totally depending on the officer who handles your case) since you are currently out of status and you don't have the latest pay slip for July to provide to Company C to complete the transfer successfully. Advisable to join Company B now, get some pay slips and then join Company C later. If company C is ready to take the risk, then can try to initiate the transfer with your old pay slips until June.

Last working day was June 19 and received last paycheck July 10 (pay period June 15 to June 30) from Company A. Company B filed for LCA on June 29 and H1B transfer receipt notice was received on July 8. If the H1B transfer is in process, is that considered out of status? Company B is looking for a project for me so haven't got one yet. If Company B transfer was filed before Company A revoked their H1B petition, is that ok?

[H1B_15]

Technically when you are in H1B, you need to be working and getting paid to maintain the H1B status. Irrespective of when Company A revoked your H1B petition, you are considered out of status for the period for which you don't have pay slips. But since Company B initiated the transfer quick enough with your last pay slip, your transfer might go through successfully, unless there is an RFE and USCIS requests you to send the latest pay slip. But, I think you are fine with the transfer to Company B. Try and join Company B asap to avoid accumulating more out of status period. A transfer now to Company C might or might not get approved (Totally depending on the officer who handles your case) since you are currently out of status and you don't have the latest pay slip for July to provide to Company C to complete the transfer successfully. Advisable to join Company B now, get some pay slips and then join Company C later. If company C is ready to take the risk, then can try to initiate the transfer with your old pay slips until June.

Thank you for your response and advice. Can Company C still initiate the transfer with pay slips from Company A whose visa petition has already been revoked? Has anyone been in this situation or heard of such a situation?

[shervin143]

I overlooked that point. If Company A's has already received the acknowledgement from USCIS regarding revoking your petition, then it is not advisable to file the transfer from Company A to C. Because of the gap, USCIS might raise an RFE to prove that you are currently maintaining the H1B status. In such case, either the transfer from A to C will be rejected or the petition will get approved for Consular process (without a new I-94).

But on the other hand, even though Company A has sent a request to revoke your petition, it doesn't mean the petition is already revoked. It will take a bit of time for USCIS to start working on the request to revoke the petition. You can actully track the case status online.

Thank you for your response and advice. Can Company C still initiate the transfer with pay slips from Company A whose visa petition has already been revoked? Has anyone been in this situation or heard of such a situation?

[H1B_15]

I overlooked that point. If Company A's has already received the acknowledgement from USCIS regarding revoking your petition, then it is not advisable to file the transfer from Company A to C. Because of the gap, USCIS might raise an RFE to prove that you are currently maintaining the H1B status. In such case, either the transfer from A to C will be rejected or the petition will get approved for Consular process (without a new I-94).

But on the other hand, even though Company A has sent a request to revoke your petition, it doesn't mean the petition is already revoked. It will take a bit of time for USCIS to start working on the request to revoke the petition. You can actully track the case status online.

Company A's petition has already been revoked on July 21. On July 8, Company B received a receipt notice for the transfer from Company A to Company B but it is still not approved. Will it be ok to transfer from Company B to Company C after Company B's petition is approved? I probably will not have pay slips from Company B as they don't have a project for me yet.

Since, Company B's petition is still pending, would there be a RFE as Company A's petition is already revoked even though the petition was submitted before it was revoked?

[shervin143]

Company A's petition has already been revoked on July 21. On July 8, Company B received a receipt notice for the transfer from Company A to Company B but it is still not approved. Will it be ok to transfer from Company B to Company C after Company B's petition is approved? I probably will not have pay slips from Company B as they don't have a project for me yet.
>>> Well, you can give it a try. If USCIS realizes that you are out of status, then they will either deny your transfer to C or will approve it for consular process. Once Company B's petition gets approved, you should start working for them and get paid. Irrespective of whether they have a project for you or not, they are supposed to pay you as per the LCA.

Since, Company B's petition is still pending, would there be a RFE as Company A's petition is already revoked even though the petition was submitted before it was revoked?
>>>Nope. You are good there.

[H1B_15]

Company A's petition has already been revoked on July 21. On July 8, Company B received a receipt notice for the transfer from Company A to Company B but it is still not approved. Will it be ok to transfer from Company B to Company C after Company B's petition is approved? I probably will not have pay slips from Company B as they don't have a project for me yet.
>>> Well, you can give it a try. If USCIS realizes that you are out of status, then they will either deny your transfer to C or will approve it for consular process. Once Company B's petition gets approved, you should start working for them and get paid. Irrespective of whether they have a project for you or not, they are supposed to pay you as per the LCA.

Since, Company B's petition is still pending, would there be a RFE as Company A's petition is already revoked even though the petition was submitted before it was revoked?
>>>Nope. You are good there.

What is consular process? Am I out of status even though my transfer is still in process?

If USCIS denies transfer from Company B to Company C, can I still stay with Company B?

[shervin143]

What is consular process?
>>> H1B transfer approval coming without an attached I-94. In which case, you will need to leave the country and return back using a valid H1B visa. If you don't have a valid H1B visa, then you will need to go for the visa stamping.

Am I out of status even though my transfer is still in process?
>>> Filing transfer has nothing to do with being out of status. When your immigration status is H1B and if you do not have pay slips for a particular period, then you are considered out of status on H1B for that period. Being out of status will show up in your W2 and can cause issues with future petitions, visa processing and GC process if properly analyzed by an officer.

If USCIS denies transfer from Company B to Company C, can I still stay with Company B?
>>> Yes, as long as you have not started working for Company C based on the receipt notice.

[H1B_15]

What is consular process?
>>> H1B transfer approval coming without an attached I-94. In which case, you will need to leave the country and return back using a valid H1B visa. If you don't have a valid H1B visa, then you will need to go for the visa stamping.

Am I out of status even though my transfer is still in process?
>>> Filing transfer has nothing to do with being out of status. When your immigration status is H1B and if you do not have pay slips for a particular period, then you are considered out of status on H1B for that period. Being out of status will show up in your W2 and can cause issues with future petitions, visa processing and GC process if properly analyzed by an officer.

If USCIS denies transfer from Company B to Company C, can I still stay with Company B?
>>> Yes, as long as you have not started working for Company C based on the receipt notice.

Thank you for your advice and taking the time to answer my questions.