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  • H1 transfer question

    I had a question regarding H1 transfer: suppose a person is working with company-A and has a H1 and gets an offer from company-B who initiates the H1 transfer for the person. In this case, will company-A find out that the person is attempting to seek a H1 transfer and that some other company-B has applied for the same and that this employee is seeking to move out - is this harmful for the employee since the H1 transfer process itself can take 2-4 months and he/she can lose his existing job with company-A - what can happen in such scenarios? Or can the employee start working in his new job in company-B on the same day as the H1 transfer petition is filed?

  • #2
    You can start working once you have the filing receipt. Until then, it is a risk.
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      Your current employer will not know about the H1B transfer until they hear from you or someone else. A premium process will get you the result of the H1B transfer within 15 days. You are allowed to start working for the new employer upon receiving the transfer receipt notice from USCIS. However, it is advisable to join the new employer only after receiving the approval notice. If you join the new employer with the receipt notice and if the transfer gets denied later, then you will find yourself in a mess.
      Not a legal advice. Use of this information is strictly at your own risk.

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      • #4
        Originally posted by shervin143 View Post
        Your current employer will not know about the H1B transfer until they hear from you or someone else. A premium process will get you the result of the H1B transfer within 15 days. You are allowed to start working for the new employer upon receiving the transfer receipt notice from USCIS. However, it is advisable to join the new employer only after receiving the approval notice. If you join the new employer with the receipt notice and if the transfer gets denied later, then you will find yourself in a mess.
        Thanks to immihelp and shervin for their prompt responses. Just wanted to confirm - the previous employer can not find out that the employee has sought a H1 transfer and the employee can continue to work till he/she gets the approval receipt/notice (I think one of them is I-797 A and the other is I-797 C, right?).

        Thanks once again!

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        • #5
          That is correct.

          Originally posted by dhiktana View Post
          Thanks to immihelp and shervin for their prompt responses. Just wanted to confirm - the previous employer can not find out that the employee has sought a H1 transfer and the employee can continue to work till he/she gets the approval receipt/notice (I think one of them is I-797 A and the other is I-797 C, right?).

          Thanks once again!
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            Originally posted by shervin143 View Post
            That is correct.
            Thank you shervin for your prompt response.

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