H1- Transfer Query

[sonika1]

Hi Immihelp,

1. I came to USA with employer A - I got my first H1 approval for only 1.5 years(in I797 and H1 visa stamp also).

2.After coming to USA- Employer A applied extension and I got extenion for 3 years.

3.After the above mentioned extension - I transferred my H1 to Company B(premium process and received notice in 4 days successfully).

4. But not joined in company B- continued with company A.

5.Four months back - I resigned company A and applied transfer to company C (using company A approval notice and pay stubs) -Now working with company C with receipt number.

6. On Feb11-2009 I got an RFE on my education evaluation( I am not a computer engineer - but Engineering with another deree- need to respond RFE by mar-28-2009).

7.Company C will responde RFE soon- if any thing goes wrong - , if it gets denied Shall I join in B. When should employer B start me on his payroll?

8. I am having more than 8 years exp in software industry.

Past 2 years(after coming to USA)- I am not bench for single day.

if my transfer to company C gets denied - How about my status?

Thanks in advance,

Soni

[sonika1]

Hi txh1b,

Could you please answer my question.

Thanks,
Soni

[txh1b]

If B has not revoked the H1b, you can join B the day C's H1b gets denied and begin work.

[sonika1]

Thank you very much for your immidiate response

is there any possibility to VOID my B company H1 by INS - just becoz of company C's query and rejection

Thanks,
Soni

[txh1b]

Not unless there was any fraud involved or if B cancels it. Each H1b is independent for that company. You have to travel out and enter with B's approval notice and get a new I-94 to be safe as it has been more than 60 days after the approval came. Talk to your attorney as to what is the best approach.