Hi All, I am currently on F1 OPT and my H1 was filed from two companies (A, B). I initially worked for company A and then moved to company B before the H1 results were out. I am still waiting to get my results for H1, but was curious to know that if my H1 is picked up from company A and not B then can it be transferred to company B? And what cases might arise and what to do at later stage? Can someone who might have been in this situation help me out by answering the query?
First check with company A if they have not already withdrawn H1 and then politely ask if they are ok for you to transfer h1. You just need H1B petion approval and WAC id for the transfer to happen.
You maybe very lucky that you may get both H1 approved. mostly in case of multiple applications usually either both get rejected or both are picked up.
As long as you have the approved petition number, the h1 can be transferred to any employer, you do not need your employer's permission for that
What if my first employer, in my case company A, do not approve of transfer
I am in the same boat. Pmd you
Most employers are fine. I hope you have the H1B papers which have your petition number, that should suffice. If employer A would not approve , then there is a high chance they would have already withdrawn the application. Contact them ASAP and ask the status of your application.
http://startupimmigrationattorney.com/new-trends-in-transferring-an-h1b-before-working-for-the-first-employer/