Asking for a friend
She had an H1B with company A. She has an offer from company B.
Company B cannot do premium processing & wants her to join them based on the H1B transfer receipt number.
What she wants to know is what are her options if the H1B transfer is denied. She has already resigned from company A. Can’t go back there. Does it mean that she will have to leave the country & apply for H1 again?
Responses:
Here is the compile. The gist of it being, yes, one can start working at company B based on the receipt number. It’s better to do premium processing even if one has to pay for it themselves.
If the transfer get denied, options are to find an consultant who will do the transfer immediately or leave the country. I will also post the same on MSIndian wiki
Thanks all once again
Ramya
Yes person need to go back to India. This happened for my friend. He resign Wipro join some other co. Later his H1 transfer got rejected. He went to India and came back on new H1.
I was in that situation in past. I have joined new company even without H1B receipt. One need to have trust in new company and also new company should be trustworthy i.e. they should do what they say. I did not take any salary until H1B approved. Once H1B was approved, company paid me all salary in one shot.
Also I did not leave country and applied H1B. Later also I got my visa stamp by sending passport to Visa office. At that time around 1999 laws were different.
Since she has already resigned, whether or not they do premium processing is really immaterial.
(If it matters, she can pay for the premium processing from her own pocket).
In the past, i've been able to change jobs based on recipt notice, and not had a problem.
(If it matters, she can pay for the premium processing from her own pocket).
In the past, i've been able to change jobs based on recipt notice, and not had a problem.
She had an H1B with company A. She has an offer from company B.
Company B cannot do premium processing & wants her to join them based on the H1B transfer receipt number. – That’s pretty normal to do. Most of the Consultants do that way. She can start working for the company B from the day the H1B transfer request papers reaches Consulate. I have done this in the past, if she has all her records straight, she should be fine.
What she wants to know is what are her options if the H1B transfer is denied. She has already resigned from company A. Can’t go back there. Does it mean that she will have to leave the country & apply for H1 again? – One person can hold Visa from more than one consultant. It’s up to the Company A to decide whether to revoke the Visa as soon as she leaves Company A or not. Usually Company A should start the process within 15-20 days of the last date of her with Company A. I think, companies are bound to do that to have clean records. If the H1B transfer is denied, the option would be find another consultant within 30 days to re-apply.
Its better and safe to choose premium processing. Ask your friend to pay additional expenses for Premium processing from his pocket and try to convince company B on this.
If you friend’s H1B (from company B) gets rejected, her only option is to leave the country.
She will have to leave the country in 2-3 weeks from the date of denial.
She will be able to apply for a new H1B but she will have to leave the country(as she is out of status) and then apply from India.
Unless she finds company C who will apply for her H1, she will have to leave the country, as she will be out of status.
If the person works for direct client of company B, which will establish employer-employee relationship and the person submits the client letter while applying for H1 transfer there shouldn’t be problem.
If the company files with the client letter. It is fine.
No need to worry. Even layer also works, but there has to be the client letter.
Normally, H1B transfers do not raise an issue provided Company B is in good standing. She can work for the other company after USCIS has sent the H1B transfer receipt.
As per my knowledge if the previous employer hasn’t revoked H1 he can still go back and work for them otherwise he will have to go back to India. Denial is very rare though.
However you can pay 1K extra yourself and have the company do premium processing and will get H1 transfer approval in 15 days. I am telling you this form my personal experience.
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