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H1 Transfer to Company A and Rejection

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Hi,

 

I have been with a company A since 2007. Now I am planning to move to a different company (B) to take a consultant role with new customer.   Company B is ready to file by H1-B transfer and suggesting to work with new customer immediately after receiving a receipt number. The following are my questions.

  1. Is it allowed to work with new customer on the receipt number of company B’s petition.
  2. What if my H1-transfer gets a rejection while I move to company B and start working for new customer. Can I file a transfer of my previous H1 (with the Company A) to some other new company (say C) with the same customer?
  3. If I cannot get an option to work for that customer by transferring my H1 to company C from A (with rejected petition with company B). Can I look for any other opportunities by staying unemployed with company A’s H1 petition? Is there any time frame for this?
  4. Are there any other issues that I can anticipate on this transfer?

Thanks in advance for your response.

CC

asked Jun 23, 2012 in H1B Visa by cchaitu26 (120 points)

1 Answer

0 votes

1.  Yes, you can, provided you have maintained proper status until then. It is called H1B portability.  ( read page 7 question 1) 

2. Well, it can be tricky. You can transfer, if your first H1B with company A is still valid. Check with attorney on this. 

3. It is a little complicated situation, I would check with attorney on this.

4. Not really as long as all the documents are filed properly.

answered Jun 29, 2012 by Kumar (11,970 points)

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