H1b VISA TRANSFER ISSUES..please help me

[kumar1780]

Hi Group,

I have read almost all the queries related to h1b transfer posted in the forum yet i haven't found the exact answer for my situation which I am in...

I hold h1b visa with Consultancy 'X' which will expire in another 2 yrs.. due to certain reasons i had to go with other consultancy 'y' wherein they applied for h1b visa transfer.

Through Consultancy 'y' for the applied h1b visa transfer i got a reciept number and awaiting for the approval.

My queries are:
(when i am moving from old consultancy 'x' to new consultancy 'y'):

1) How long can I work for consultancy 'x' ?

2) If my visa is approved for consultancy 'y' then what would be my status ??? Can I work for both consultancies or only old consultancy 'x' or only new consultancy 'y'

Some Myths which I heard from people, please do answer whether its true or not...

1) On h1b visa transfer from old consultancy to new consultancy, the moment new visa is approved, we can;t work for old consultancy becoz the old visa gets void....is it true????

2) On h1b visa transfer from old consutancy to new consultancy, we can work for both companies but one company at a time,,, if its true ???? then tell me Can I work for Old consultancy even after getting approval for h1b visa transfer to new consultancy????

3) In either cases what would be my legal status in usa and what kind of precautions should I take...

Anyone from this forum & people who are well versed with legal aspects please do help me with my queries. I am very much confused, your help is very very much appreciated.

Thanks in advance, please do write back...

Bye
Kumar

[Subramanya]

H1 transfer

I have read almost all the queries related to h1b transfer posted in the forum yet i haven't found the exact answer for my situation which I am in...

I hold h1b visa with Consultancy 'X' which will expire in another 2 yrs.. due to certain reasons i had to go with other consultancy 'y' wherein they applied for h1b visa transfer.

Through Consultancy 'y' for the applied h1b visa transfer i got a reciept number and awaiting for the approval.

My queries are:
(when i am moving from old consultancy 'x' to new consultancy 'y'):

1) How long can I work for consultancy 'x' ?

---- You can work as long as you want until the validity of your H1 with that employer

2) If my visa is approved for consultancy 'y' then what would be my status ??? Can I work for both consultancies or only old consultancy 'x' or only new consultancy 'y'

---- Yes, you can work for botht eh consultancies provided you have valid H1's with both the consultancies. It all depends on your energy if you can work 8 hour shifts with each consultancy

Some Myths which I heard from people, please do answer whether its true or not...

1) On h1b visa transfer from old consultancy to new consultancy, the moment new visa is approved, we can;t work for old consultancy becoz the old visa gets void....is it true????

---- NO. this is not true. Your old H1 does not get void until the employer cancels/revokes it

2) On h1b visa transfer from old consutancy to new consultancy, we can work for both companies but one company at a time,,, if its true ???? then tell me Can I work for Old consultancy even after getting approval for h1b visa transfer to new consultancy????

---- NO. Refer to a similar response above

3) In either cases what would be my legal status in usa and what kind of precautions should I take...

---- If you have applied for a H1 transfer, you are lagal till the day it is approved/rejected

---- What do you mean by precautions and for what? Specify

Subramanya

[kumar1780]

hi subramanyam

Thanks subramanya for the quick response...

As per your answers, my understanding is that:

I can work with old consultancy 'x' till the expiry of the visa as well as with the new consultancy 'y' till it expires after getting approved...

I can work for both consultancies at any given time provided i have the engery to work for 8 hrs per shift..hehehehe (lol) which i may not be able to do...

The only clause is that if my consultancy cancels my visa then in that case, i am not elgible to work for that particular consultancy...

So far I understood.

What I want to understand further is if I want to work with old consultancy 'x' even after getting approval for the new consultancy 'y' - I am elgible to work with out any legal problems. Is it Correct?

Regarding the precautions, i should have been specific - i am sorry for not being so...
since I am awaiting for h1b visa approval of the new consultancy 'y' , i heard that i can start working for new consultancy with my receipt number even though I am yet to recieve an approval from USCIS. If its true ? then how will my legal status be considered by USCIS.

If its not considered what kind of precautions should i take...?

Please do reply back and do the needful,
Thanks a lot for your advice and prompt reply.
Bye
Kumar

[vanita]

hi

i dont think u can work for X consultancy as the same petition is getting tranfered to Y.

As per my knowledge u cannot work for both X n Y and u cannot have 2 H1 so obviously ur earlier reeipt no which is for X will not b valid. U can start work with Y consultancy once u receive the receipt no which is ur case.

[kumar1780]

Thanks vanita,

Hi

Thanks for the reply,

As per your saying, My Old Consultancy 'x' gets void once i get approval for the H1b Visa transfer to New Consultancy 'y' and I cannot work for Consultancy 'x' thereafter but I do have valid visa till sept 2009 for Consutancy 'x' how is it treated in legal terms as per USCIS...???

What situtaion I will be in Before the Approval for the consulatancy 'y' and After the Approval for the COnsultancy 'y'

If I am wrong in my understand, please feel free to correct me....

Awaiting for your reply, Thanks in advance.

Bye
tc
Kumar

[Subramanya]

H1 transfer

As per your answers, my understanding is that:

I can work with old consultancy 'x' till the expiry of the visa as well as with the new consultancy 'y' till it expires after getting approved...

I can work for both consultancies at any given time provided i have the engery to work for 8 hrs per shift..hehehehe (lol) which i may not be able to do...

The only clause is that if my consultancy cancels my visa then in that case, i am not elgible to work for that particular consultancy...

So far I understood.

What I want to understand further is if I want to work with old consultancy 'x' even after getting approval for the new consultancy 'y' - I am elgible to work with out any legal problems. Is it Correct?

---- Yes, you will be eligible, provided you negotiate with both of tehm teh terms and conditions and you are clear about theri offers. There will be no legal issues unless you get into one

Regarding the precautions, i should have been specific - i am sorry for not being so...
since I am awaiting for h1b visa approval of the new consultancy 'y' , i heard that i can start working for new consultancy with my receipt number even though I am yet to recieve an approval from USCIS. If its true ? then how will my legal status be considered by USCIS.

---- Yes, if you have areceipt number you can start working and your legal status is H1 unless it is revoked/cancelled rejected etc.

If its not considered what kind of precautions should i take...?

---- In reply to the other member's response (Vanita), please remember that a H1 transfer is just a new H1. the only difference is the term transfer as you are changing employers. The H1 does not go from company to campany. it is company specific.

---- You can always work for the earlier consultancy and later start with the next consultancy provided your terms are good with both the companies and you have valid H1's with both the companies (or consultancies if you prefer that term

---- You can always browse through this and other forums and other authentic websites for all this information before a response is posted

Subramanya

[kumar1780]

HI Subramanya - Happy HOLIDAYS!

Thanks for the clarification, Mr.Subramanya.
I greatly appreciate your time & efforts for the Feedbacks/Suggestions.
I liked the way you have answered my queries. Thanks a lot.
Bye
tc
kumar