I signed an offer yesterday with eBay. They were planning to file for H1-B transfer after the background check. However, because of premium processing stop by USCIS today, I might not have visa to move until February. I don't want to switch based on receipt because if you get denial, you have to leave the country. What do companies usually do in these situations? Do they keep the offer and wait? I'm worried they may rescind signed offer.
Premium processing is still ok for cap-exempt.
For cap-exempt employers. That's only non-profits. It applies to all other transfers.
No. Are you subject to cap ? If not then you can file premium. That's what I'm doing
For a big company, one can switch on receipt... I did it
Moving from a for profit to for profit company should be cap exempt. The premium processing suspension was extended so it was already there till 09/10 and extended 09/11 onwards https://www.uscis.gov/news/uscis-extends-and-expands-suspension-premium-processing-h-1b-petitions-reduce-delays
It was expanded for H1B transfers too
@InTwoMinds can you confirm from new company attorney that this is indeed the case that the premium processing suspended even for transfers?
All H1 transfers are cap-exempt, regardless of kind of company, as you were counted in the cap of the year you first got your H1. So your H1 transfer can be filed in premium. Hoping not, but worst case you get a denial, you can continue to work for previous employer. For that you have to wait till approval!
The suspension of premium processing for H1b transfers will go in effect from sep 11, 2018. So any petitions filed before that should be fine.
Which company are you going to?
eBay