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H1b Transfer From Comp A To Comp B

Discussion in 'Nonimmigrant Visa Applications' started by sammy86, Mar 24, 2015.

  1. sammy86

    sammy86 New Member

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    If I do H1B transfer from comp A to comp B,

    I am not resigning from comp A and I m not telling them , that I'm initiating a H1B transfer:
    1) is it necessary to join comp B even if the transfer is successful?
    2) if the above answer is 'NO', two possibilities:

    A)can I join comp B after 2 months or 3 months of approval and continue working for comp A till that time or
    B)there is a start date (on my new I797 form or any other form) of comp B and I have to start working for comp B from that date onwards and if I miss that date I have to initiate the transfer again?

    Please share your thoughts and valuable suggestions

    Thanks
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If a new employer files an H petition on your behalf, when it is approved you are supposed to go to work for them or notify the USCIS that you are not going to work for them. If you tell them that you are not going to work for the new employer, the petition will be revoked.
     
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  3. sammy86

    sammy86 New Member

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    Thanks for your answers.
    I have to notify USCIS or its my employer responsibility ?

    So it means there is some specific date on I797 and I have to join the new employer on that date and stop working for my previous employer?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have to join the new employer within 30 days of the new petition being approved.
     
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  5. sammy86

    sammy86 New Member

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    Thanks Ron. I really appreciate your help.
     
  6. yubeie

    yubeie Member

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    Ron,

    Just so I understand this correctly... After the H1B petition has been approved, if an employee does not join Company B and instead continues to work for Company A (current employer), other than informing Company B that he/she would not be joining, is there anything else that an employee must do to ensure there are no immigration issues?
    My H1B with employer A would still be valid right?

    Thanks,
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you act immediately, yes. Tell the USCIS that you don't want to work for the new employer and you want to stay with the old employer. Send copies of the two approval notices.
     
  8. yubeie

    yubeie Member

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    Unfortunately, I do not have the new I797. The new company simply informed me that I'll be getting it on the first day of my employment (first week of April). So, I conveyed my change of mind 2 days ago. Is there anything else I can do at this time? I hope my I797 with my current employer is still valid??
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you know the file number, use that instead.
     
  10. yubeie

    yubeie Member

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    Ron,

    Is this a mandatory requirement or a safety measure?
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Unless you notify them, their records are going to show you as only authorized to work for the new employer.
     
  12. yubeie

    yubeie Member

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    Ron,

    Any guidance you can offer as to whom should the mail be addressed wrt USCIS?

    Thanks,
     
  13. yubeie

    yubeie Member

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    Also, Is there like an Acknowledgement or something I should be receiving from them?
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Send it to the correspondence address on the notice of approval. If both were filed with the same service center, the addresses will be the same. In the alternative, you can make an InfoPass appointment and take all of your stuff in with you. Hopefully, the person at the counter will just go right into the database and make the change.
     
  15. yubeie

    yubeie Member

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    Awesome!
    Thank you so much, I might as well try getting an info pass appointment to prevent the confusion.

    Regards,
     
  16. yubeie

    yubeie Member

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    Ron,

    I have the receipt number (of the new H1B) and I checked the status online. It says my new H1B was approved on March 12th. So, does it mean I have to inform USCIS before April 12th?
    I got an Info pass appointment for April 9th. I hope this should be okay, right?

    Thanks,
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Get in there as soon as you can. April 9th should be OK - particularly since you just learned of the approval.
     
  18. yubeie

    yubeie Member

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    Unfortunately, that's the earliest appointment I could get.
    I received an email from the company about my approval on March 20th (Friday). So I hope they count 30days from that day :-(
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It should work. Don't sweat it.
     
  20. yubeie

    yubeie Member

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    Thank you so much, Ron!...I was completely unaware of this requirement...I'll let you know how it goes.
     

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