I am working at company A I got a new job at a startup company B Company B applied for my visa transfer and it got approved. I have 2 weeks from today to join them. I have an onsite interview with FAANG in a week. How does the visa transfer work in such case if I get an offer from them? Happy to provide more info. thanks guys! I really need your help. #h1b #h1btransfer
It’s not a nice thing to do. Also, not sure if you might be flagged by USCIS for too frequent transfers within weeks of each other
Does USCIS do that?
Who knows what they do 🤷🏽
Would like to clarify something based on my experience. Have seen a lot of posts with this “transfer” kind of thing. But, there is no such thing called a H1 transfer. A beneficiary can have any number of H1 applications approved at a given time but can only work for 1 of them. All others are supposed to be withdrawn by the employers. The reason a new employer asks for previous H1 is to show the USCIS that the beneficiary has already been counted towards the cap and also to show the current status in US. Also the timeline on H1 starts only when you start working for a company - that’s why there’s a form I-9 that’s submitted on your first day in a job on H1. So, technically you are not an employee of a company until you start working for them and both your previous and new H1 are valid. Once you quit a company, the employer withdraws the H1 and it’s the end of it.
This 👆
Thanks! Very helpful. So, do you have to tell the lawyer that you already had h1b transfer with company B when you apply for company C? Is that I797 (the one you don't need) required for document submission?
H1b Visa seems like a form of slavery. "Do this work for this amount or BYE."
I thought through this and decided to let company C know that I have accepted another position. And since I will be focused on that work and it’s my priority I would like to not waste their time as company B had a deadline. They agreed on reconsidering my on-site a few months from now if I feel like it.
So you are joining company B?
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They will need to apply for visa transfer also. But it’s a superstrange action towards company B, cuz I get from the context that you accepted their offer