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  1. #1

    Default Doing H1 Transfer When Already Another Transfer Is In Progress

    Hi All-
    Mine is a critical and unique situation. Please give our insight.

    I came to US on consultant A's H1 and was with them for 1 month. Then I moved to consultant B, since his terms were better. The consultant B applied for my h1 Transfer (regular processing). When I landed up at consultant B, i didnt have any projects and am still on bench for past 2 months and I havent officially worked for them. Now I have a permanent offer with Company C, who wants to transfer my h1 to them with prem processing. My questions are:
    1. What will happen to my status if Company C 's transfer fails for some reason? Will I be still in legal status owing to my other transfer process pending with Company B?
    2. I donno if the Company B is hiding from me if my h1b transfer approval has already come through. Is there any way I can find this out? The online system and automated phone service still says Pending, but it says the same even for my earlier Company A petition which is approved, so I know for sure that they dont update these things. Is there a way to find this
    3.If company B's transfer has already come thru, and I dont have the copy of company B's h1 approval notice (since they r not giving it). Can I still go ahead and apply for transfer to Company C using the Company A's approval notice, or Company Bs offer letter or Transfer application receipt no?

    4. Finally, if i apply for 2 transfer in a span of 2 months, will it cause any problems with INS?even I change the service center?


    TIA foryour help.

    Regards,
    Tintin

  2. #2
    Join Date
    Sep 2005
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    Default Re: Doing H1 Transfer When Already Another Transfer Is In Progress

    You can file for a transfer to Company C. It doesn't matter whether or not the transfer to B has been approved. If Company C doesn't qualify as an employer, and you're not working for a qualified employer, you will go out of status and will need to go home. In my opinion you should either have a very good idea that Company C qualifies to employ you as an H1B worker before you start, or wait until the transfer is approved before working for them.

    If you don't trust the online system, you can always try contacting the USCIS field office handling the application.

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