Question about H1-B transfer

[saurabh99]

Hello!
I have an urgent question.

An employer had put in an application for my H1-B visa this year in April to be in effect from October 1st, 2012. Until now, I was working with that employer on my 17-month OPT STEM extension. But that employer yesterday terminated my employment. That employer told me that they are going to revoke my H1-B visa application.

My 17-month OPT STEM extension is only valid until December 1st, 2012. Now when I find a new job, I will only be able to work with that employer until December 1st, 2012 as my new employer will not be able to file a new H1-B visa application for me as the H1-B visa application quota for this year is already full and the USCIS is no longer accepting any new applications.

So my question to you is that can I request my previous employer not to revoke my current H1-B visa application and he/she decides not to do so so that if that application is approved, my new employer can transfer the H1-B visa from my previous employer?

Also, if the H1-B visa application with my previous employer is approved then can it be transferred it to a new employer even though I did not work with my current employer on that approved H1-B visa and only worked with them on the OPT STEM extension?

An early reply will be appreciated.

Thank you!
Saurabh

[madhurapande]

In same boat

I have the same question as Saurabh here. Can the new employer transfer my H1 before Oct 1,2012 (start date of H1) ? Please do reply.

Thanks
Madhura

Hello!
I have an urgent question.

An employer had put in an application for my H1-B visa this year in April to be in effect from October 1st, 2012. Until now, I was working with that employer on my 17-month OPT STEM extension. But that employer yesterday terminated my employment. That employer told me that they are going to revoke my H1-B visa application.

My 17-month OPT STEM extension is only valid until December 1st, 2012. Now when I find a new job, I will only be able to work with that employer until December 1st, 2012 as my new employer will not be able to file a new H1-B visa application for me as the H1-B visa application quota for this year is already full and the USCIS is no longer accepting any new applications.

So my question to you is that can I request my previous employer not to revoke my current H1-B visa application and he/she decides not to do so so that if that application is approved, my new employer can transfer the H1-B visa from my previous employer?

Also, if the H1-B visa application with my previous employer is approved then can it be transferred it to a new employer even though I did not work with my current employer on that approved H1-B visa and only worked with them on the OPT STEM extension?

An early reply will be appreciated.

Thank you!
Saurabh

[shervin143]

So my question to you is that can I request my previous employer not to revoke my current H1-B visa application and he/she decides not to do so so that if that application is approved, my new employer can transfer the H1-B visa from my previous employer?
>>> Possible. You will be able to start working for the new employer only after Oct 1st and only after you have receive the H1B transfer receipt notice from USCIS.

Also, if the H1-B visa application with my previous employer is approved then can it be transferred it to a new employer even though I did not work with my current employer on that approved H1-B visa and only worked with them on the OPT STEM extension?
>>> Possible if the transfer is filed before Oct 1st.

[saurabh99]

Question about H1-B transfer

I had asked my previous employer to not withdraw my H1-B so that I can port it to a new employer. They said that this is not possible unless I am already in H1-B status which will not be happening in my case as my employment with the company is over before the H1-B effective date of October 1st, 2012. Is this true?

But they say that since USCIS had accepted my H1-B application and I have a receipt number for that, a new employer may be able to file a new H1-B petition for me using that receipt number and like this I will not be counted against the cap for H1-B visas. Can this happen? Please let me know ASAP.

This is important for me as the cap for H1-B visas is already over for this year.

So my question to you is that can I request my previous employer not to revoke my current H1-B visa application and he/she decides not to do so so that if that application is approved, my new employer can transfer the H1-B visa from my previous employer?
>>> Possible. You will be able to start working for the new employer only after Oct 1st and only after you have receive the H1B transfer receipt notice from USCIS.

Also, if the H1-B visa application with my previous employer is approved then can it be transferred it to a new employer even though I did not work with my current employer on that approved H1-B visa and only worked with them on the OPT STEM extension?
>>> Possible if the transfer is filed before Oct 1st.

[123ravi]

multiple h1b visa transfers

I need your advice on the following.

When I was part of company A, a company B(my preferred company) initiated my H1B visa transfer along with Company C in the month of June, 2012. As I have got RFE and my project was not finalized in Company B (my preferred company) ,I have joined company C temporarily starting 2nd-July-2012 by the time I get project through B and my RFE gets cleared. Now, Company B has got a project for me and got SOW signed for me and as per them, RFE will get clear by Sep-2012. So, I can join Company B from sep-2012.

Now, I would like to join company B as it was my preferred one but I have following questions:

1. Considering the fact that both of the h1b visa transfers were initiated when I was part of Company A, can I join Company B now on the H1b visa transfer initiated before?
2. Do we need to again do the H1b Visa transfer from Company C to Company B? Even I have worked for two months in company C.
3. If I just join Company B without any H1b Visa transfer from Company C, I would have a break of two months i.e. from July-02-2012 to sept-2012.Whether this impact my immigration status?
Also please let me know the detail immigration process which needs to be followed in above scenario.

[shervin143]

I had asked my previous employer to not withdraw my H1-B so that I can port it to a new employer. They said that this is not possible unless I am already in H1-B status which will not be happening in my case as my employment with the company is over before the H1-B effective date of October 1st, 2012. Is this true?
>>> Not true. If the petition gets approved, the CAP on that petition will remain valid for 6 years and you can ask any U.S employer to file a new petition for you using that CAP. Not required to go through the quota again.

But they say that since USCIS had accepted my H1-B application and I have a receipt number for that, a new employer may be able to file a new H1-B petition for me using that receipt number and like this I will not be counted against the cap for H1-B visas. Can this happen?
>>> That is not possible. Unless the H1B petition gets approved, you have not secured the CAP and so a transfer is not possible.

I had asked my previous employer to not withdraw my H1-B so that I can port it to a new employer. They said that this is not possible unless I am already in H1-B status which will not be happening in my case as my employment with the company is over before the H1-B effective date of October 1st, 2012. Is this true?

But they say that since USCIS had accepted my H1-B application and I have a receipt number for that, a new employer may be able to file a new H1-B petition for me using that receipt number and like this I will not be counted against the cap for H1-B visas. Can this happen? Please let me know ASAP.

This is important for me as the cap for H1-B visas is already over for this year.

[shervin143]

1. Considering the fact that both of the h1b visa transfers were initiated when I was part of Company A, can I join Company B now on the H1b visa transfer initiated before?
>>> Yes.

2. Do we need to again do the H1b Visa transfer from Company C to Company B? Even I have worked for two months in company C.
>>> Not required.

3. If I just join Company B without any H1b Visa transfer from Company C, I would have a break of two months i.e. from July-02-2012 to sept-2012.Whether this impact my immigration status?
>>> If you have got paid by employer C for that period and if the transfer from A to C is approved, then no issues. If not, it will be an issue.

Also please let me know the detail immigration process which needs to be followed in above scenario.
>>> If you need details, you need to consult an immigration attorny. There is no time for immigration 101 in a forum.

I need your advice on the following.

When I was part of company A, a company B(my preferred company) initiated my H1B visa transfer along with Company C in the month of June, 2012. As I have got RFE and my project was not finalized in Company B (my preferred company) ,I have joined company C temporarily starting 2nd-July-2012 by the time I get project through B and my RFE gets cleared. Now, Company B has got a project for me and got SOW signed for me and as per them, RFE will get clear by Sep-2012. So, I can join Company B from sep-2012.

Now, I would like to join company B as it was my preferred one but I have following questions:

1. Considering the fact that both of the h1b visa transfers were initiated when I was part of Company A, can I join Company B now on the H1b visa transfer initiated before?
2. Do we need to again do the H1b Visa transfer from Company C to Company B? Even I have worked for two months in company C.
3. If I just join Company B without any H1b Visa transfer from Company C, I would have a break of two months i.e. from July-02-2012 to sept-2012.Whether this impact my immigration status?
Also please let me know the detail immigration process which needs to be followed in above scenario.