H1B Transfer Question

Hi all,

This may be simple to answer.

I am in the process of H1B transfer and this is the my first transfer with approved I140 , 4thyear on H1B renewed have I797 , I94 for next 2years and 4months valid.

Below is my question.

I am changing company A inc to company B inc. Not informing company A inc until get approved my H1B transfer with company B inc.

If Company B transfer denial but still on payroll of Company A inc. if during process denial transfer with Company B , still should I work with Company A inc?

Thanks in Advance.

Are you asking if you can continue to work for A while B’s transfer petition is in progress?

Answer is yes. You can work for A and if B’s petition is denied, you can still continue to work for A without any issues.

Thanks, My answer in your second line. Thanks once again.

If I received I-797B without I-94. Shall I still in status with Employer A I-94 expiry date.

After that what to do? Or I have to leave country and go Canada just visit and returning at port of entry I can tell I visited just for get I-94 only? or I have to go again for visa stamping?

Yes, if B’s petition comes w/o I-94, you can only work for A on their already approved petition.

If you plan to work for B in such a case, then you need to enter US on B’s petition or apply for amendment on B’s approved petition.

Hi Saurabh,
I have similar query, my H1 transfer approved for 1 year with company B, now I am at 8years 3months of H1 used, what are risk, because new employer company B have to file new PERM and before PERM approved my 1year will end soon with company B, what you suggest that is risk? My Employer B I797 and I94 is already issued for 1year same date. what is risk if I join Company B after 1year if PERM not approved/denial or pending. shall I renew for next 1year or I have to leave country?

Does old employer have an approved I-140 for you?