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Thread: Change of Employer/ Valid H1B/ Normal Processing/ End of employment

  1. #1

    Exclamation Change of Employer/ Valid H1B/ Normal Processing/ End of employment

    Hello,

    I have been working for company A with a approved H1B visa, valid till September, 2020 (1st H1B after OPT). My contract has ended with company A and the effective date of termination is October 15, 2018. I was told by my employer that there would be a 2 week notice after termination date upon which I should leave the country.

    In the meanwhile I have received another offer from company B. But due to some delay company B did not apply my H1B transfer petition in Premium processing before September 11, 2018. Now they informed me that they would apply for my H1B transfer in Normal processing and want me to work on Receipt notice. I agreed to this, because at this point I have no other option.


    So, there are a couple of different scenarios that I have in my mind and would highly appreciate your thoughts on this!

    Scenario A: Company B applies H1B transfer petition after October 15, 2018 (Most likely to happen):-

    1. Should I leave the country and then go through stamping with Approval notice of the H1B transfer petition? Or will I be able to stay in the country beyond October 15th, 2018 and start working for company B with Receipt notice?

    2. How will this scenario affect my chances of H1B transfer petition approval?

    Scenario B: Company B applies H1B transfer petition before October 15, 2018 (While I am technically still employed):-

    1. If company B applies for H1B transfer before October 15, 2018. Will it result in a better chance of H1B approval?

    2. Roughly how many days/months would it take for a Normal Processing H1B transfer petition to get approved? I am asking this because I have read a lot of posts on DesiOPT saying that it is not advisable to change employer while transfer is in process! (But in my case I have to start working for Company B on Receipt notice)

    My options are very limited due to the time-frame in the above mentioned scenario, So kindly reply at your earliest!

    Thank you.

  2. #2
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  3. #3
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  4. #4
    What do you mean by leave the country? Employer doesn’t get to say to leave the country as long as you have valid I-94 which you should have got with H1B approval. Once termination you have 60 days to get another job. As you said you already have an offer with Company B, you are good as long as you join the company B in 60 days on receipt number upon your termination. Hope this helps.

  5. #5
    Quote Originally Posted by bharath7214 View Post
    Hello,

    I have been working for company A with a approved H1B visa, valid till September, 2020 (1st H1B after OPT). My contract has ended with company A and the effective date of termination is October 15, 2018. I was told by my employer that there would be a 2 week notice after termination date upon which I should leave the country.

    In the meanwhile I have received another offer from company B. But due to some delay company B did not apply my H1B transfer petition in Premium processing before September 11, 2018. Now they informed me that they would apply for my H1B transfer in Normal processing and want me to work on Receipt notice. I agreed to this, because at this point I have no other option.


    So, there are a couple of different scenarios that I have in my mind and would highly appreciate your thoughts on this!

    Scenario A: Company B applies H1B transfer petition after October 15, 2018 (Most likely to happen):-

    1. Should I leave the country and then go through stamping with Approval notice of the H1B transfer petition? Or will I be able to stay in the country beyond October 15th, 2018 and start working for company B with Receipt notice?

    2. How will this scenario affect my chances of H1B transfer petition approval?

    Scenario B: Company B applies H1B transfer petition before October 15, 2018 (While I am technically still employed):-

    1. If company B applies for H1B transfer before October 15, 2018. Will it result in a better chance of H1B approval?

    2. Roughly how many days/months would it take for a Normal Processing H1B transfer petition to get approved? I am asking this because I have read a lot of posts on DesiOPT saying that it is not advisable to change employer while transfer is in process! (But in my case I have to start working for Company B on Receipt notice)

    My options are very limited due to the time-frame in the above mentioned scenario, So kindly reply at your earliest!

    Thank you.
    You can start working on h1b reciept for upto 180 days, so dont worry. You have 60 days from october 15 to file a h1b transfer. Dont worry ur h1b will be transferred if you have a valid job offer. Dont work for company B without H1b reciept.

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