H1B Transfer Case

[dmnida]

I have moved from L1 (Employer A) to H1B (Emploer B) last year. I started working with H1B employer after 12 days of approval notice. I was not aware of the approval and hence continued working with L1 employer for those 12 days. This means that I was out of status for 12 days, as I came to know that I has to immediately start working for Employer B.
I started with Employer B after 12 days of approval notice. Now its been more than a year working with Employer B. I have also gone out of US on H1B and got my VISA stamped.
Now I am planning to do a H1B transfer with Employer C. Will these 12 days effect my H1B Case and how? Can you please advise!

[shervin143]

I don't think it will be an issue. But you were technically out of status in H1B for those 12 days and your employment with L1 employer was illegal. But I don't believe it will have any issues with your H1B transfer now.

[kiransauz]

H1B transfer

I have below queries. Please clarify.

[1] Can I still do H1B transfer with another company, if previous company cancels my petition?

[2] Can I still do H1B transfer with another company, if previous company cancels my H1B visa?

[shervin143]

[1] Can I still do H1B transfer with another company, if previous company cancels my petition?
>>> Yes. If you are in U.S, then you should be maintaining your immigration status for the transfer to be successful.

[2] Can I still do H1B transfer with another company, if previous company cancels my H1B visa?>>> Yes. Visa is only an entry document to U.S. It has nothing to do with yoru H1B transfer.

[dmnida]

In the H1B Questionnaire, they ask for "Out of status stay" and if yes, reasons explaining. Will this have any effect on H1B transfer petition. What should I fill in? Also, will the Transfer H1B denial have any effect on my existing H1B. I am planning to keep working for current employer until the new H1B transfer is completed. Please advise!

I don't think it will be an issue. But you were technically out of status in H1B for those 12 days and your employment with L1 employer was illegal. But I don't believe it will have any issues with your H1B transfer now.

[shervin143]

In the H1B Questionnaire, they ask for "Out of status stay" and if yes, reasons explaining. Will this have any effect on H1B transfer petition.
>>> It is hard to predict. Since the gap is very small, I hope it won't be an issue.

What should I fill in?
>>> Fill Yes and give reason for the same.

Also, will the Transfer H1B denial have any effect on my existing H1B.
>>> No.

I am planning to keep working for current employer until the new H1B transfer is completed.
>>> That is the best way to go.