Work VisaAug 29, 2018

What are the risk of joining a new company on h1b transfer receipt?

I heard now there won’t be RFE but straight reject, not sure what come after that? You’ll be out of status & have to leave the country, can’t the company keep filing h1b until it got accepted?

Google rPMq81 Aug 29, 2018

You have to leave the country as soon as the H1-B is rejected.

Credit Karma Ckckckc OP Aug 29, 2018

Can’t they just keep filing it until it got accepted?

Google rPMq81 Aug 29, 2018

Because there is no premium processing, so each petition will take 6-8 months. If the first one gets denied you have to stop working immediately and leave the country and wait outside while they file the next one. You could of course work from abroad for that company while the petition is pending.

Uber uber101 Aug 29, 2018

Dont do it. RFEs are all time high ~45% higher than previous year and rejection means you have no other option but to leave.

Apple Google L7 Aug 29, 2018

That is the case even for extensions. It will take 6months to process and you can’t apply for H1b extension more than 6 months in advance. So whether transfer or extension it does not matter and you have to leave. So may as well go for the H1b with an employer that had better chance of approval

VMware Whatdduck Aug 29, 2018

Extension with same employer can be filed in premium @ Nebraska center

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oQfU54 Aug 29, 2018

I didn’t understand the question. You are working for company A in US and want to go to Company B, right? What does it mean “on H1B transfer receipt”?

Credit Karma Ckckckc OP Aug 29, 2018

I mean H1B petition, transfer just mean that currently I’m already have a H1b

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oQfU54 Aug 29, 2018

So, no H1B transfers at all for now? Even if you hate your work place?

Uber vfXu51 Aug 29, 2018

The situation really sucks for all H1b folks(including me), its a checkmate situation. Chances of getting rfe is close to 70% and now with PP also not available, they can’t change their job/role/promotion etc. Its a soft signal from the govt to all folks on h1b to pack their bags or just rot in their current jobs!

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oQfU54 Aug 29, 2018

But you still can to move to another company from day 1 when you send petition for the new company, right? And even during RFE wait in the new company and work legally.

Uber vfXu51 Aug 29, 2018

There is a new rule to directly deny your petition instead of rfe incase your documents are not complete. You will be illegal the moment that happens and will face difficulties in their future petitions. Will anyone want to take that risk?