URGENT: H1b Transfer A to B to C

[2009jobhunt]

I am working on a valid H1b with company A since Jan 2007. I was let go a couple of weeks ago and my visa will terminate in another few weeks.

Presently employer B has offered me a job offer and is working my H1b petition and should be filing the petition before employer A terminated my visa.

Now I think I will get an offer from employer C once employer B has filed for my petition. Can I transfer the H1b to employer C without actually starting any work at employer B.

To give a better idea on the time line, following are details:

Employer A will cancel the visa say on 10th NOV
Employer B will file for the transfer say 2nd NOV and joining date is 2th NOV
Employer C offers me a new job say 15th NOV and is ready to file for H1b

Can employer C file for a H1b transfer without any paystubs from employer B since I would not have actually started with employer B and the application for employer B is pending

Please advise. Your help is much appreciated.

[sk4ih]

Can I transfer the H1b to employer C without actually starting any work at employer B.

Can employer C file for a H1b transfer without any paystubs from employer B since I would not have actually started with employer B and the application for employer B is pending

Yes to both.

[txh1b]

Visa cancellation date has little to do with your transfer. The last pay stub of yours matters.

[2009jobhunt]

Thanks a lot for your advice !

Now one question which is still in my mind is,

Do I need Company B's pay-stubs for transferring it to Company C ?

My joining date with Company B will be after I file for a petition for Company C.

Now Company A has sent in an application for terminating my visa
Company B has filed an application for the H1B Transfer
I have not yet joined Company B and the application is pending but I wish to accept an offer from Company C and file a new application.

What needs to be attached along with Company C's application?

Please advice

[txh1b]

If the companies file for a transfer within a week of your last pay check, you are safe. You would have to be working using H1b portability immediately with some employer.

If there is a gap of pay check from A and when C files for the transfer, USCIS will ask to produce proof that you were in valid status all the time. If not, you could be denied an EOS.

Read other posts.

[2009jobhunt]

Thanks for your advice !

In my situation Company B should be filing it before my last pay check with company A.

But Company C will file it after 2 weeks of my last pay check with Company A. Now I can still provide the paystubs from , but since I havent started with B I will not have any paystubs for that interim time period.

Nowa totaly new scenario, if I file for a change of status to F1 and within 2 weeks I get a job, would I be still needing the pay stubs ?

Please advice.

[2009jobhunt]

Also regarding the valid status,

Since B has filed for my petition and it is pending with USCIS, can't I show the receipt and proof that I am in valid status when I file the petition with Company C ?

[txh1b]

Filing of a petition does not give you a status. You working and getting paid does.

http://immihelp.com/forum/showthread.php?t=68281

Read the FAQs wrt bridging, posts on the forum about bridging.

[2009jobhunt]

Thanks for your advise !

Now if I file for a change of status to F1 Visa tomm would I be in LEGAL STATUS while filing for a H1b Visa for company C (F1 pending) or would it still be OUT OF STATUS ?

[txh1b]

Depends on when you lost your status and when your last pay check is dated. Why don't you get what I've been repeating?

If you are still working and getting paid and a COS is filed now, your application is approvable provided it meets all other criteria for that visa. For F1, you have to show funds, pay sevis fees etc. Ask your school ISO as they are getting paid and being there for a reason.

[2009jobhunt]

Thanks for your prompt replies !

I am posting replies since I am in a time crunch situation.

My current employers will send in a termination to INS this week and I am in the middle of two new job offers. They will file the petition in next 2 weeks once the LCA gets approved, but that will be after the termination paper work is sent to INS by my current employer. (Technically Out of status)

So my question was to be in legal status can I file for a COS to F1 (this week) and then cancel it later once the H1b petitions are filed ?

For the F1 I have already been admitted, I have an I20 and sufficient funds, so that shouldn't be a problem.

Once I file for a COS to F1 can I still file for an H1b and then cancel the F1 COS?

I know its a complicated situation but I am caught in the middle of this time crunch situation.

Please advise.

[txh1b]

[QUOTE=txh1b;178605]
Read the FAQs wrt bridging, posts on the forum about bridging.[/QUOTE]

Portability and "Bridging"

AC21 allows a foreign national who was previously in H-1B status to begin new employment (or to "port") upon the filing of an H-1B petition by a prospective employer. (As opposed to having to wait for petition approval before starting the new job). The memo states that a foreign national can port to new employment while an extension of H-1B status filed by another employer is pending on the foreign national's behalf.

For example, a foreign national is working for Employer A for 3 years. Prior to expiration of the foreign national's H-1B status, Employer A files a petition to extend his stay. While that petition is pending, the foreign national's H-1B status expires but the foreign national remains in a "period of stay authorized by the Attorney General," and is authorized to continue working for 240 days under 8 CFR 274A.12(b)(20). While the extension continues to pend, Employer B files a petition for new H-1B employment on the foreign national's behalf. Under the memo, the foreign national may go to work for Employer B immediately upon the filing of the new petition by Employer B, regardless of the fact that the foreign national was technically out of status when Employer B filed the new petition.

In addition, successive H-1B portability petitions can be filed on a foreign national's behalf so long as each portability petition separately meets the requirements for H-1B classification and extension of stay. However, if one of the bridging petitions is denied, it will most likely result in the foreign national's going out of status and beginning to accrue unlawful presence.

[txh1b]

Try to understand some logic in the whole thing. When the employer sends the cancellation does not matter. To solve your problem, I would sugges you to go with premium processing for all the H1b petitions. That way, if it comes with an I-94, you are fine. If not, you have to go out, travel or get a visa stamp and return if it gets approved with no EOS.

This F1 crap can be forgotten as it ain't gonna work. Please read about bridging. When you are in a time crunch, you should take some time to research than take some hasty decision.

Rest is your choice. I am done with this thread as you are not getting the idea inspite of me providing you so many resources and pointers.

Good luck!