H1B Transfer

USA H1B Visa
1

Hello

I am on H1B visa (15 months left on H1B). I work with company A as fulltime and recently my company informed that they cannot start GC process at this point of time (No prior 140 approval). So i have started looked out for other options so i approached Employer B where they offered me to start GC process. Company B have filed for GC labor and it was approved in May this year. Now i have started H1B transfer (in regular process and later updated to premium but for some unknown reasons my employer received the check back ) and my 140 is submitted on Friday (Aug 24 2018). I have project start date with client in next 2 weeks through company B. Now at this point i am sure what to do next as i have leave my full time job and join the client with H1 transfer still pending.

  1. Is it a good step to join company B without the h1B approval ?.

  2. Should i wait for 140 to get approved before i join ?

  3. what are my chances if the H1B get denied ?

  4. If i start with company B can i switch to different client during H1b transfer ?

Please suggest me what is the safe and better approach .

Thanks

2

If you have the H1B Transfer Receipt you can start working for Company B.

No Need to wait for I-140 approval to join.

H1B can be denied if documentation is not proper.

If you Start with Company B…you cannot switch to a different client during h1B transfer…as your LCA on the Transfer application will not reflect it.

3
  1. Is it a good step to join company B without the h1B approval ?.

No, not a good idea in current times when H1 petitions are scrutinized heavily. I would say re-apply for premium, get it approved in 15 days then transfer to Company B. 2. Should i wait for 140 to get approved before i join ?

I don’t think so. you can join before the I-140 gets approved. They can put that on premium too, once you join them.3. what are my chances if the H1B get denied ?

It depends on what your lawyer has submitted as evidence in the documents. 4. If i start with company B can i switch to different client during H1b transfer ?

Yes you may. But again, you will get into a mess/ confusion of what to do and what not to do. Do one step at a time. Get the H1 transfer to company B approved first through premium processing. Then join the company B apply for I-140 premium processing if you would like. If you do both through premium processing with company B, all your questions will be answered within 30 days and you can have a peace of mind.