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  • H1B Transfer

    Hello,

    I am currently employed with Company A and working for its client Company B. Company A filed for my H1B visa this year which was approved, now Company B wants to hire me directly so it's going to file an H1B transfer on 01Oct14. The lawyers at Company B advised filing the transfer after the H1B visa is effective i.e on 01Oct14, hence we decided to file the transfer petition late even though the H1B visa with Company A was approved in July just to avoid any possible issues with the transfer. I had some questions in this situation,

    1. When should I give Company A the notice of my intention to leave? Do I risk getting my H1B revoked if I tell them before my H1B transfer is approved with Company B?
    2. Also is it a must to give a 2 week notice?
    3. Consider this hypothetical scenario. Company B files the transfer application on 01Oct14. I then give Company A my 2 week notice. On 02Oct14 Company A decides to revoke my H1B visa. If this is the case, how much time does it take to revoke a visa and if it is revoked before I get an approval from Company B do I get a grace period?

    Many thanks!

  • #2
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    • #3
      Originally posted by jnmjy View Post
      Hello,

      I am currently employed with Company A and working for its client Company B. Company A filed for my H1B visa this year which was approved, now Company B wants to hire me directly so it's going to file an H1B transfer on 01Oct14. The lawyers at Company B advised filing the transfer after the H1B visa is effective i.e on 01Oct14, hence we decided to file the transfer petition late even though the H1B visa with Company A was approved in July just to avoid any possible issues with the transfer. I had some questions in this situation,

      1. When should I give Company A the notice of my intention to leave? Do I risk getting my H1B revoked if I tell them before my H1B transfer is approved with Company B?
      2. Also is it a must to give a 2 week notice?
      3. Consider this hypothetical scenario. Company B files the transfer application on 01Oct14. I then give Company A my 2 week notice. On 02Oct14 Company A decides to revoke my H1B visa. If this is the case, how much time does it take to revoke a visa and if it is revoked before I get an approval from Company B do I get a grace period?

      Many thanks!
      1. Speak with the attorney for Company B about when they think you should give notice. Preferably, you don’t want to give notice until Company B has filed the H-1B transfer application. Conservatively, don’t give notice until the transfer is approved.
      2. It’s professionally courteous to give 2-week notice. There is no legal requirement to do so. Also, if you have signed an employment agreement with Company A, you may be required to give notice so check that out first.
      3. Once Company B files the H-1B, you don’t have to worry about Company A revoking the H-1B. You will remain in status as long as Company B’s H-1B is pending regardless of the status of Company A’s H-1B.
      If you need to speak to an attorney, go here: http://www.visaprolaw.com/immigration-attorneys

      Comment


      • #4
        Your message was posted as anonymous on Facebook wall- (Sept 26th)

        Comment


        • #5
          1. You don't have to give any "notice of intention to leave" to Employer A. You can leave just like that. Revoking is completely based on your Employer A if he is really angry on you and wants to revoke your H1B. Make sure Employer A doesn't have a non compete agreement or so which will stop you from joining their client(Employer B).

          2.No notice is required. Not mandatory. If you want to let Employer A know then it would be fine to let him know after the transfer is done successfully.

          3.Usually H1B revoking is a slow process as far as I ve heard and I don't have an definite answer this question. Sorry. All the best.

          Comment


          • #6
            Hi there, I would say not to risk your self by just shifting the companies so quickly just after your H1-B got approved. Since it is all the company a's effort for your H1-b visa. Better not to think about it for at least an year. And also you might get queries if you have to go for stamping of quickly changing the companies I believe. And also I even heard of people H1-b's got revoked by employer and being left in a helpless situation.

            Comment


            • #7
              1) as per my suggestion I would give 2 weeks of notice to company A , and that to you need to give the notice while you are working with company A because once your trasfer process is done you can't work with company A because tour HUB WILL BE on company B and coming to revoking you employer I mean company A should file a case against you showing the cause of revoking the visa to USCIS you can get transfered until you followed every thing what you have signed on the contract while joining him .
              3) if you company revokes the visa then you can file MTR but this is an adverse situation because before you tell to your company only you might have already initiated your transfer of H1b so I suggest first initiate your transfer and when you are half way done and then you let your employer know about your leaving of the company so you will be good all the best .

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