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H1b Transfer issues

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  • H1b Transfer issues

    I have valid h1b filed by company 'A'.
    Now they are saying they don't have projects.
    Another company 'B" is ready to file my 'H1b transfer'. I have couple of queries.

    Can you please help me understand the h1b transfer process.

    1. Can i stay back with company 'A' and travel to US from company 'A', even after company B transfer petition is filed and received receipt for the same.
    2. Can i stay back with company 'A' and travel to US from company 'A', even after company B transfer petition is filed and Approved.

  • #2
    The answer to both your questions are YES. If you travel to U.S on employer A's petition, then you can only work for that employer and you cannot switch to employer B without filing a transfer from A to B while you are in U.S. If employer A doesn't have work for you, then on what basis are you planning to travel to U.S to work for that employer. When you enter U.S in H1B visa, you will be in H1B status and you should be working and getting paid to maintain your H1B status. Otherwise you will go out of status on H1B and a transfer is not possible in such case.

    Originally posted by Srinivasa Rao View Post
    I have valid h1b filed by company 'A'.
    Now they are saying they don't have projects.
    Another company 'B" is ready to file my 'H1b transfer'. I have couple of queries.

    Can you please help me understand the h1b transfer process.

    1. Can i stay back with company 'A' and travel to US from company 'A', even after company B transfer petition is filed and received receipt for the same.
    2. Can i stay back with company 'A' and travel to US from company 'A', even after company B transfer petition is filed and Approved.
    Not a legal advice. Use of this information is strictly at your own risk.

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