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I have below question regarding H1B transfer.

1. I want to transfer from company A to B ( Company B is US company) , is premium processing is the right option? I heard lot that premium are getting rejected.

2. If I got in premium and got an RFE, in meanwhile can I join Company B and work ?

3. Is there a possibility that transfer is rejected ? If that is case will be  existing petition ( of company A) remains valid.

4. What is advisable in current scenario for H1B transfer.



asked in H1B Visa by (220 points)

1 Answer

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You are authorized to start working for Employer B upon filing change of employer H-1B petition. You will have to determine whether you want an absolute answer before you change, or change employer with the anticipation that it gets approved. If it get denied, you will have to consider the possibility of leaving the country and return back after securing another job.

These are matters that ought to be structured right from the beginning. Your immigration lawyers may already be doing it for you.
answered by (1.3k points)
Thanks Kelley for the reply.

I have I 94 valid till dec 2019 and my question was if my H1B transfer was filed in premium  for company B and is denied than will it impact my existing h1b petition of Company A ? I am sure lot of candidates in this forum may have same scenario to check.
The accurate answer is: it depends.

This is where you require a case discussion with your attorney, how it is being filed, and what your best option is going to be since there are various possible scenarios.

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