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h1b transfer questions

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CaCa

Junior Member
What is the name of your state? FL

I am working for company A with an H1B visa and would like to work for company B.
1) How long does the transfer process take?
2) Do I have to leave the country and wait for the process to be completed or I can stay legally in the country while the transfer is in process?
3) If during the transfer process I decide to stay with company A (they offer me a pay increase to stay), can I cancel the transfer process and stay with the company A?
4) If the transfer is completed and company A offers me a pay increase does it require a new transfer process to return back to company A?

Thank you for your time!
 


ImmigAttyLana

Senior Member
If you are actually now working for company A and can prove that you are working, the company B can do a transfer for you without you needing to leave the country. In fact, you can start working for company B as soon as their H-1B petition on your behalf is filed. It will, of course, need to be approved in order for you to continue working for them but you can start just based on the receipt notice. The process can take several months if done through regular processing and 15 days through premium processing for an additional $1000 filing fee.

If you decide to continue working for company A, you do not need to do anything further since you still have a valid approval notice for your H-1B with company A. Similarly, if you start working for company B and then want to go back to company A, if that approval notice is still valid at that time, you simply start working for A without needing to do any type of transfer.

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

CaCa

Junior Member
Thank you very much for your help and fast reply.

In your experience, how much can I expect to spend on the transfer process (lawyer and government fees, etc?)

If I get the transfer completed, can I work full-time for company A and part-time (as a consultant) for company B simultaneously or I would have to go though another process? If I have to go through another process, which process and what costs should I expect?

Thank you again for your time.
 

ImmigAttyLana

Senior Member
If you want to work part time for company B, then the petition for company B has to be filed for part-time employment as concurrent to the company A employment. The filing fees largely depend on the size of the company and they will also be increasing at the end of this month. As for attorney fees, I can only really tell you what I charge but I cannot vouch for other attorneys' fees. I can tell you that I've been doing this for more than 10 years and my fees have always been very reasonable and I've had many satisfied clients over the years.

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

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