H1B Transfer

[ns1508]

What is the name of your state? CA

Hi:

I am currently on H1B visa working for Co. A. I have found another co. B which is ready to sponser H1b for me.
1. Once the Co. B sends my application for Transfer, how long does it take to get the approval notice from the government ?
2. How soon can I join the new Co.? What documents should i atleast have inorder to join the new co.
3. Once the appication is received by INS, and my current employer come to know about it and tries to cancel my current H1B, can he do that?
4. My wife is on H4. How much time do i get to tranfer her visa to another company? Status being the same i.e. H4.

Attorney's please reply.


ThanksWhat is the name of your state?

 

[ImmigAttyLana]

1. It depends. Regular processing can take several months; premium processing guarantees a decision within 15 calendar days.
2. You can start working for the new employer as soon as their petition on your behalf is submitted if you are currently maintaining valid H-1B status by working for the initial H-1B petitioner. You should have proof of the H-1B petition filing by the new employer.
3. Yes, they can cancel it if they come to know about the fact that another employer filed on your behalf but if that happens after you've already had the new employer file the petition on your behalf and have joined them, it makes no difference.
4. Your wife's status is not tied to your employer; it is tied to your status as H-1B. As long as you maintain H-1B status, regardless of who your employer is, your wife is eligible for H-4. It does not need to be changed just because you change employers. It will need to be extended before HER I-94 expires.

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

 

[ns1508]

Thanks a lot.

Thanks a lot.