H1 transfer

[rsraman123]

Hello All

Would appreciate any guidance / advice (may be a complicated question).

1) I presently am on OPT which is valid till December 2007. I am working for a company A for 8 months now.

2) I got my H1B approved in the April of this year.

3) Now I have another offer and want to tranfer my H1 before October 1st 2007. The other company B asked for my H1 approval notice and is willing to apply for a tranfer through their law firm

My questions is:

a) How long does it usually take from the date the law firm applies for a transfer of H1

b) When is (earliest) it safe to resign from Company A?

c) If the company B applies for my H1B transfer, and the forms are presently in USCIS, and my last date in company A is sometime during then,
and company A informs USCIS that I have left them, what happens in this case??? ( I know this is a complicated scenario).

Will be thankful for any advice.

Ragh

 

[ImmigAttyLana]

If you file for it before October 1, it is NOT a transfer but simply a new petition that is not subject to the quota since you cannot transfer a status you do not yet have and you cannot be in H-1B status until October 1, 2007. It can take several months for the petition to be adjudicated unless you submit it through premium processing for an additional $1000 filing fee. It does not matter when you quit your employment with company A because, again, this is NOT a transfer but a new petition and since you are working for company A in OPT, it has no bearing on the case at all.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[rsraman123]

Hi Lana

Thank you very much for the reply. Just a small query:

1) So, can I quit company A as soon as my forms are sent to USCIS by company B?

2) What happens when I quit Company A, Does Company A go to USCIS and lets them know that the approved petition for my H1B is not valid from their side, in other words, does company A ask the USCIS to revoke my H1B (which I got through them)?

Thanks and regards

Ragh

 

[ImmigAttyLana]

1. yes, you can leave company A.
2. i cannot say what the company A will or will not do in terms of reporting your leaving to the USCIS but that should not affect your new company's petition on your behalf.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[rsraman123]

Another query

Hi Lana

Thanks for the prompt response and help.

The only nagging question I have is:
You just mentioned that it does not really matter whether company A sends the info out to USCIS or not. Suppose company B applies for my new H1 petition (no quota) and following that I leave Company A in 2 weeks following, and then Company A lets USCIS know about my leaving, which case will be looked into by USCIS first?

In other words, since the Company B petition reaches before company A will I be safe?

Sorry for so many silly questions!

Thanks
Ragh

 

[ImmigAttyLana]

I cannot speculate on what will or will not happen but I don't see that this would be a problem.