Urgent H1B Transfer- limited time left

USA H1B Visa
1 
Hi,

I need your advise on H1B visa transfer. 

 

I am employed with company A and have a fear of losing job in next 1-2 weeks. I am not sure if they will revoke my H1.

 

I have got offer from company B and C (both good companies) and they are ready to transfer in premium processing. I am yet to accept their offer.

 

Q1. Can Transfer be filed after my H1 gets revoked (if the gap is 1-2 weeks)

 

Q2. Since I am in dilemma which one I should join, can I initiate transfer in company B and C both and decide later which one to join (since I might not want to wait 

 

as for visa transfer as I am in risk of losing job)

 

Q3. Is there any risk in processing multiple H1B transfers at the same time

 

Q4. My current H1 visa is cap exempted visa (since I had old H1 from previous company (B) earlier in 2008). Also, the company with whome I had my previous is company B 

 

who has again gave me offer and ready to transfer the H1. Is there any difference in processing transfer for Company B or C in this case.

 

Q5. Should I tell my new employer that I have a cap exmpted H1B Visa? Is there any difference?

 

Q6. Is there any way to know if my current employer is revoking my H1? If so, is there any notice period my employer has to give me before they revoke H1 since I need 

 

time to leave this country, at least couple of weeks.

 

Please suggest me. Thanks for your support.

 

Raj Burnwal
2

  1. It may get tricky. You will not have payslips for those 1-2 weeks and this can cause H-1 transfer denial.

  2. Yes, this can be done

  3. Not that I know of

  4. No difference

  5. They would be knowing that this is cap-exempted as all H-1 transfers are cap-exempted. Why do you think they will not be aware of this?

  6. Once the employment siezes that would be the end date for that H-1 petition. H-1 transfer needs to filed either prior to end date or soon after that to avoid any issues.

3

Thanks Saurabh for you quick response. I need some more clarity.

  1. I can understand it will be tricky, but I wanted to know if there is any issue if the gap is just 1-2 weeks. Means, if H1 gets revoked by current company on 1st and transfer gets filed by new employer on 10th. Do you any major issues, specially if there is no payslip for just 2 weeks.

  2. I know all H1 Transfer is cap exempted. My question was, my current H1 with my current employer itself is cap exempted which I applied in India (since I had H1 earlier in 2008). Now My new employer will be applying for H1 Transfer (again cap exempted) for a originally cap exempted H1 visa. I hope my question is clear.

4
  1. It will be up to USCIS. It may work out for 1 week, but anything more than that would need some explanation
  2. Once you have H-1 petition, all future extensions/transfers are cap-exempted. In other words, the new H-1 would be cap-exempted. You can continue to get cap-exempt H-1s until you reach 6 years stay in US on H-1 visa.