H1B petition clarification

[ashy]

Hi,

1. My current employer filed my H1b with USCIS in normal processing and I joined them after receiving the application receipt from the USCIS. USCIS may take a while to either approve/reject my petition. In the meanwhile, is it possible to apply for another H1B transfer with a different company?

2. What if I quit my current job and leave for India while my petition is still being processed. In such a case, can a different company apply for H1B transfer once I quit my current job and leave for India.

Please let me know as this is critical to understanding my options.

Thanks, Ashy.

[shervin143]

1. My current employer filed my H1b with USCIS in normal processing and I joined them after receiving the application receipt from the USCIS. USCIS may take a while to either approve/reject my petition. In the meanwhile, is it possible to apply for another H1B transfer with a different company?
>>> Possible, but it will be a bridge petition. New employer's petition most likely won't get approved unless the current employer's petition gets approved. Not advisable to join the new employer based on the receipt notice. You should wait for the approval to join them.

2. What if I quit my current job and leave for India while my petition is still being processed.
>>> You transfer from A to B can get denied. In such case, your employment with B will become unauthorized. If your I-94 has already expired, then you stay in U.S past your I-94 expiry date will be treated as illegal stay.

In such a case, can a different company apply for H1B transfer once I quit my current job and leave for India.
>>> Yep. No issues with that.

[ashy]

1. My current employer filed my H1b with USCIS in normal processing and I joined them after receiving the application receipt from the USCIS. USCIS may take a while to either approve/reject my petition. In the meanwhile, is it possible to apply for another H1B transfer with a different company?
>>> Possible, but it will be a bridge petition. New employer's petition most likely won't get approved unless the current employer's petition gets approved. Not advisable to join the new employer based on the receipt notice. You should wait for the approval to join them.

2. What if I quit my current job and leave for India while my petition is still being processed.
>>> You transfer from A to B can get denied. In such case, your employment with B will become unauthorized. If your I-94 has already expired, then you stay in U.S past your I-94 expiry date will be treated as illegal stay.

In such a case, can a different company apply for H1B transfer once I quit my current job and leave for India.
>>> Yep. No issues with that.

I have few other clarifications:

1. My employer also filed an extension of H4 for my dependents and even that is currently being processed. Can My dependents travel to India while their H4 extension is being processed? Their I-94 is valid until Sep 16 2016, can they come back in April even if their extension is still pending?

2. If I resign and go to India while my petition is still being processed, will my petition automatically be revoked and I will be eligible to apply for a fresh transfer with a new company basis the existing approved petition.

3. Can I provide the pay stubs from my current company that I decide to quit and leave for India?

[shervin143]

1. My employer also filed an extension of H4 for my dependents and even that is currently being processed. Can My dependents travel to India while their H4 extension is being processed? Their I-94 is valid until Sep 16 2016, can they come back in April even if their extension is still pending?
>>> Yes. If they travel out, their extension of status will be declined. But that is okay since their I-94s are still valid. On their return, they will need to show your latest H1B approval notice to get a new I-94 at the POE.

2. If I resign and go to India while my petition is still being processed, will my petition automatically be revoked
>>> It won't be automatically revoked. It can get approved for consular process.

and I will be eligible to apply for a fresh transfer with a new company basis the existing approved petition.
>>> Yes, that is possible.

3. Can I provide the pay stubs from my current company that I decide to quit and leave for India?
>>> Not sure what you are asking? Who are you going to provide your payslips to?

[ashy]

1. My employer also filed an extension of H4 for my dependents and even that is currently being processed. Can My dependents travel to India while their H4 extension is being processed? Their I-94 is valid until Sep 16 2016, can they come back in April even if their extension is still pending?
>>> Yes. If they travel out, their extension of status will be declined. But that is okay since their I-94s are still valid. On their return, they will need to show your latest H1B approval notice to get a new I-94 at the POE.

2. If I resign and go to India while my petition is still being processed, will my petition automatically be revoked
>>> It won't be automatically revoked. It can get approved for consular process.

Even if I quit company A and leave for India, the petition may still be approved? If that be the case then I can not apply for a fresh petition with company B if I don't receive approved petition from Company A which will be more likely as they may not find it necessary to provide me the approved petition as I left them already.

and I will be eligible to apply for a fresh transfer with a new company basis the existing approved petition.
>>> Yes, that is possible.

3. Can I provide the pay stubs from my current company that I decide to quit and leave for India?
>>> Not sure what you are asking? Who are you going to provide your payslips to?

Here's the thing: I moved from Company A to Company B. My petition for Company B is still pending with USCIS and I decide to quit Company B and leave for India to maintain status. Now, if I decide to apply for a H1B transfer with company C while I am in India, Can I do it and would I be required to provide latest 2 salary slips from Company B.

[shervin143]

Possible. Payslips are not required when the petition is filed for consular process (Meaning, when the petition is field when you are outside U.S).

Here's the thing: I moved from Company A to Company B. My petition for Company B is still pending with USCIS and I decide to quit Company B and leave for India to maintain status. Now, if I decide to apply for a H1B transfer with company C while I am in India, Can I do it and would I be required to provide latest 2 salary slips from Company B.