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  • H-1B Transfer question

    Hello Everyone,

    I have a question. Currently I am working in a company X as full time employee on H-1B and now I have an offer to work for a company Z through prime vendor Y. Prime vendor is going to file my H-1B Transfer in premium processing and they are saying that they already have approved LCA but they want me to join their client on the basis of H-1B receipt till they get H-1B visa transfer approval. so I have following question about this scenario,
    1) first of all, do these big vendor really have already approved LCA or they just lie?
    2) my vendor is saying that as they are applying in premium processing then I should get my approval with in 15 days but they want me to start before it on the basis of Receipt. should I join their client before approval comes?
    3) is it legal to work on H-1B visa transfer receipt till approval comes?

    Please help me on this.

    Thanks a lot !!!

    Regards,

  • #2
    1. LCA approval is a 10 minute online process and daily bread and butter for immigration attorneys. So, nothing for this to be your primary concern.
    2. Depends on your comfort level. With the RFEs and recent scrutiny, I would not be comfortable doing it unless it is a full time employment with no contracting involved if I were you.
    3. Yes, legal as long as the petition gets approved. If it gets denied, pretty much screwed since the day of the switch counts as illegal.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      H-1B Transfer question

      Thanks a lot for your reply. but I checked those vendor reviews, they are well known and have been doing this from a long time. They are good in this visa transfer and applying stuff but anyway no one knows what USCIS people want.

      I am still waiting for receipt and approval both.

      Thanks,

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