H1B VISA transfer to 2 companies.

[Amby]

Hi,

I am working for company A and I have applied for H1B transfer to two different companies B and C.

Lets say the H1B visa from A to B gets approved and I join company B.

After that , if H1B visa from A to C also gets approved, (after I join B), can I still join company C ?

Thanks,
Amby

[shervin143]

Yes.

[Amby]

Thanks

Thanks Shervin,

But what if the company B has processed my payroll ? Is there no need for B to C H1B transfer ? Can I join C based on A to C documents and transfer ?

[shervin143]

Transfer is not literally a transfer from one employer to another. As long as both the petitions (B & C) are filed when you are still working iwth employer A, you are allowed to join employer C upon their petition approval.

Thanks Shervin,

But what if the company B has processed my payroll ? Is there no need for B to C H1B transfer ? Can I join C based on A to C documents and transfer ?

[Amby]

Bold

Hi Shervin,

Thanks a lot. Adding my last question in BOLD to your point...

As long as both the petitions (B & C) are filed when you are still working iwth employer A (yes), you are allowed to join employer C upon their petition approval EVEN AFTER I JOIN B ?

Another question.

What is meant by LAST ACTION RULE.

If B transfer is approved and after that C 's gets denied , what happens to B ?

Thanks,
Amby

[shervin143]

Last action rule comes into picture only when multiple petitions for different status are filed with USCIS. Not on multiple H1B transfer. Feel free to consult an immigration attorney to validate the information.

Hi Shervin,

Thanks a lot. Adding my last question in BOLD to your point...

As long as both the petitions (B & C) are filed when you are still working iwth employer A (yes), you are allowed to join employer C upon their petition approval EVEN AFTER I JOIN B ?

Another question.

What is meant by LAST ACTION RULE.

If B transfer is approved and after that C 's gets denied , what happens to B ?

Thanks,
Amby

[Amby]

Thanks

Thanks a lot Shervin. Appreciate your kind words.

Regards,
AMBY

[Amby]

Final Step

Dear Shervin,

I have recieved this email below. Does this confirm that my visa is transferred successfully ?
Can I proceed with resignation based on this ?
Can my current company do anything legally which will not allow me to change my job ?

Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Your Case Status: Decision
On DATE this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice.

[shervin143]

Are you seeing this in the online case tracker? If yes, this message means the case is approved. You can proceed with the exit formalities with the current employer. But if yiu want to be 100% sure, then wait for the actual approval notice to arrive.

Dear Shervin,

I have recieved this email below. Does this confirm that my visa is transferred successfully ?
Can I proceed with resignation based on this ?
Can my current company do anything legally which will not allow me to change my job ?

Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Your Case Status: Decision
On DATE this I129 PETITION FOR A NONIMMIGRANT WORKER was approved and we sent you an e-mail notice.

[Amby]

Yes

Yes Shervin. Thank you very much.

[shervin143]

The message says that your petition for transfer is approved. But there are chances that the petition could have been approved without a new I-94 (rare cases - reason can be anything). In such case, you cannot join the new employer unless you leave the country and return back on the new employer's petition and on a valid H1B visa. It is advisable to quit the current job after receiving the H1B transfer approval notice in hand.

Yes Shervin. Thank you very much.

[Amby]

less period

Hi Shervin,

They finally sent me the I94 details alone and it has a 6 month lesser date that old one.
Does that mean my visa needs to be extended again ?

Amby

[shervin143]

Yes. Extension of status can be filed 6 months prior to the I-94 expiry date. It depends on whether you are going to work for Company A or B. If you work for Company A, then you can file for extension within 6 month of company A's I-94 expiry date. If you decide to work for Company B, then you need to file the extension within 6 months of Company B's I-94 expiry date.

Hi Shervin,

They finally sent me the I94 details alone and it has a 6 month lesser date that old one.
Does that mean my visa needs to be extended again ?

Amby