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Transfer Before Approval

Discussion in 'Nonimmigrant Visa Applications' started by newimig, Aug 26, 2015.

  1. newimig

    newimig New Member

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    Good Morning Ron,

    I was working with employer-A on H1 and 6 months back i had initiated transfer to employer-B and started working for them. Later we got an RFE for EE relationship and responded to RFE about 2 months back. As my employer does not have much opportunity for me, I am in a position to look for employer-C.

    As I do not have approved petition with employer-B, can I apply for transfer to employer-C as my employer-A petition is still valid. If so, do I need to go out of country to get stamping and come back to take work with company-c? If yes, can I go to any country or only to the home country for stamping..

    Your response is greatly appreciated...
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If your I-94 has not expired, the third company may petition for you and you may go to work for them as soon as their petition is on file.
     
  3. newimig

    newimig New Member

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    Thank you Ron... As i do not have approved petition now, employer-C says that they request for "Consular Notification".
    Though I have valid I-94 for another 9 months and do not have valid visa stamping with me now.
    if emp-C request for consular notification, do I still need to got for VISA stamping to home country or I can join based on current I-94 validity?

    Your response is Highly Appreciated.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If they are asking for consular notification, that means that they are not trying to extend your status. You must either leave or file an extension before your I-94 expires - but you can work now.
     

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