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  1. #1
    Join Date
    May 2015
    Posts
    1

    Question Risks of Starting Work for a New Employer Upon UCSIS Receipt of H1B Transfer

    Hello Everyone ,
    I currently work for employer "W" on a H-1B and have received an better opportunity from other company say "X" .Since the USCIS has currently suspended premium processing for all H1B's premium processing is not possible . So the new company "X" is asking to join on the receipt of the H1B transfer .
    My question is what is the risk of joining company X just on the receipt of the transfer and what if I join the new company after which I get a denial for the H1B transfer ? what will be my status then and what can I do about it ?

    Any help would be appreciated .

    Thanks a Lot !!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: H-1b Transfer from Company W to Company X on Receipt of the Transfer

    There's not really any such thing as a H1-B transfer. You're new employer files a new application. I may be wrong, but I thought Premium Processing was turned back on at the end of April anyway.

    You can't work for X until the H1-B for them is approved. You can certainly sign an agreement to work for them when that approval is obtained. The biggest risk is W finds out you intend to screw them and fires you immediately. You're then immediately out of status and must go home.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: H-1b Transfer from Company W to Company X on Receipt of the Transfer

    Quote Quoting flyingron
    View Post
    You can't work for X until the H1-B for them is approved.
    If he's in the U.S. on H1B status, he can start working for the new employer upon the receipt by the USCIS of the new employer's petition, subject to the risk that the petition will ultimately be denied.

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: H-1b Transfer from Company W to Company X on Receipt of the Transfer

    W should immediately report OP's departure from his employ.

  5. #5
    Join Date
    Jun 2015
    Posts
    4

    Default Re: H-1b Transfer from Company W to Company X on Receipt of the Transfer

    Quote Quoting flyingron
    View Post
    There's not really any such thing as a H1-B transfer. You're new employer files a new application. I may be wrong, but I thought Premium Processing was turned back on at the end of April anyway.

    You can't work for X until the H1-B for them is approved. You can certainly sign an agreement to work for them when that approval is obtained. The biggest risk is W finds out you intend to screw them and fires you immediately. You're then immediately out of status and must go home.
    The premium processing was turned back on?? Since May, 26th , is is suspended till July 27th.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H-1b Transfer from Company W to Company X on Receipt of the Transfer

    Premium processing is only suspended if the petition involves a request for extension of stay. We've already explained that to you in your own thread.

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