H1B Transfer - Post April 3rd, 2017


A quick question.

If the H1B holder - willing to join new company post April 3rd 2017, in that case the H1B transfer will be filed under “Normal Processing”.

Post H1B transfer receipt is received, if employee resigns and join new company - then what are the issues the employee may face.

Is it fine to initiate H1B transfer via NORMAL PROCESSING and resign based in receipt, or one should wait till premium processing is back?

As long as your current I-94 has not expired, you can move from A to B to C even when B’s petition is pending.

Thanks Saurabh.

I am worried of scenario - when I resign from Company A and join B while the H1B transfer still in progress and in the mean time Company A Revokes/Cancels my H1B.

Is that a valid scenario? If yes, then I would be out of status?

Once H-1 transfer has commenced, A’s withdrawal will not impact B’s petition. It would also not impact C’s petition as you would submit A’s approval notice and B’s transfer receipt for C.

What USCIS wants to ascertain is that you have been counted in the cap (A’s original approval notice), and that you have a valid status (B’s transfer receipt).