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  1. #1
    Join Date
    Jan 2009
    Posts
    1

    Angry H1-B Transfer Based on Previous Receipt Notice

    I have filed transfer for h1-b for Company A in Oct.2008 and I got laid off from that company In Jan.09 but after my layoff Company-A received RFE from USCIS for my transfer filing. Since, I am no longer Company-A's employee they are not going to answer the RFE though I have a receipt for that filing.

    Now Company B has filed my transfer based on receipt I have for Company A's filing.

    Question:

    What could be the possiblity for H1-B transfer based on previous receipt without approval?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H1-B Transfer Based on Previous Receipt Notice

    Are you presently employed or not? If not, are you now back in your nation of origin, or not?

    As I don't know the details of the RFE - what it's about - I suggest you consult an immigration lawyer.

  3. #3
    Join Date
    Jan 2009
    Posts
    7

    Default Re: H1-B Transfer Based on Previous Receipt Notice

    Hello,
    I want to transfer my H-1B visa from Company A to Company B due to payment issues. MY first 3 year H-1B issued from Company A expires May 31, 2009. I was told that H-1B transfers will result in the automatic extension for 3 years (that is, the second H-1b period). I have the following questions -

    1. If I transfer my H-1B to company B in Feb 09, will my new H-1B have an expiration date of Feb 2012? If so, what will happen to the remaining 3 months on the first H-1B duration? (If I did H-1 extension from company A itself, would it will show expiration for May 2012) My visa stamp in passport is also till May 31, 2009.

    2. Can I start working for Company B as soon as I get an H-1B transfer application receipt? Or should I wait till I get the actual I-797? ( I don't want to have a break in work or pay as Company B is the client I am working through Company A).

    3. In the middle of all this, I am afraid I have to go to India at the end of Feb 09, irrespective of transfer. As my visa in passport expires in May 2009, would there be any problems re-entering USA when I come back? This is assuming that I don't have official documentation for new H-1. (Would it be ok though if I had a receipt for H-1 transfer/extension as discussed above?)

    4. Last but not the least, I heard we have to go to India for stamping and not anywhere else like Canada or Mexico from 2009 onwards. Is this true and mandatory?

    Apologize for the long list of questions.

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