Multiple h1b transfer petitions. Step-by-Step Guide to the H1B Visa Transfer Procedure.

Multiple h1b transfer petitions Join Emp A on Receipt and then Move to Emp B? You can join Employer A on receipt within 60 days to get back to H1B status. H-1B petition portability: Eligible H-1B nonimmigrants may begin working for a new employer as soon as the employer properly files a new H-1B petition (Form I-129) requesting to amend or extend H-1B status with USCIS, without waiting for the petition to be approved. A I am on my H1B from company A. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston, TX Los Angeles, CA Miami, FL New York, NY Philadelphia, PA Phoenix, AZ San Antonio, TX San Jose, CA Seattle, WA. Read on. Can I apply for an H1B transfer for multiple employers at the same time? A: Yes, you can apply for Can H1b transfer petition be submitted electronically? Lawyers by Location . H-1B transfer petition is not frivolous. Hi @deb You should talk to company C and explain your situation. H1B transfer petitions can be denied for several reasons, including: Insufficient Documentation: Failure to provide necessary financial and tax documents, detailed job description, or proof of the specialty occupation. Even if the transfer petition is approved, you can still go back to work at your former employer under the original H1B if you change your mind about the new job. If all three file for you, which one will you join? That is the one you will use. Here’s a direct quote from the USCIS regarding this situation: “If you lose your job or otherwise cease employment, you may be allowed to stay in the U. B and/or Co. H1B Visa Transfer Requirements. However, once an H-1B petition is approved, you can only work for that employer unless you transfer to another H-1B employer later. Please let me know the correct information. Best time to resign is after H1 transfer approval. An H1B petition approval, issued by the U. To ensure fair and orderly distribution of available H-1B visas, we will deny or revoke multiple or duplicative petitions filed by an employer (including its related entities) for the same H-1B worker and will not refund the filing fees. Every time you change employers, a new I-129 petition must be filed. This post explains H-1B visa portability under the AC21 Act, highlighting important aspects like filing vs. It's the same petition that is filed for first time filers, just that different selections are made in the form to show change of employment. for up to 60 days or until the How Do I Change My Employer and Transfer My H-1B Visa? To change your employer, your new employer must file a Form I-129 Petition for a Nonimmigrant Worker with U. 46,650 Satisfied Customers. Everything is about your employer who files the petition for your h1, either first time lottery pick or transfer. This includes verification of eligibility, job offer details . Hi Members, Below is my situation. To ensure fair and orderly distribution of available H-1B visas, USCIS will deny or revoke multiple or duplicative petitions filed by an employer for The H1B transfer premium processing time is 15 calendar days from the date that USCIS receives the petition. Below are my questions: a) Can I initiate H1 transfer with both employers simultaneously? b) If the transfer to company A is rejected, will it have any impact to H1 transfer to company B? c) Assuming both the transfers are approved, I Also, the similarity of the H-1B petition documents may be based on the fact that the same attorney has prepared the multiple petitions independently for each employer and that the lawyer follows their standard petition protocols. The RFE process for an H-1B visa may require additional documents and explanations. I have received an RFE on employer A H1B transfer petition. Also your final settlement May let you have one more paycheck , if your new employer can submit petition by then you are absolutely fine . ? I hope you are doing well. Now I have a better offer from company C and they are filling H-1B transfer as well. That way your COS would be approved. Ask your own question. C's H1B petition is approved granting extension H1b layoff multiple H1B transfers scenario. Citizenship and Immigration Services (USCIS), authorizes an employer to employ a foreign worker in a specialty occupation. To ensure fair and orderly distribution of available H-1B visas, we will deny or revoke multiple or duplicative petitions filed by an employer (including its related entities) for the same H-1B worker and will not refund the filing fees. H-1B cap petitioners should make efforts to ensure none of their H-1B cap beneficiaries are filing additional cap petitions by different employers in circumstances where If the petition of the employer A is selected - you shall work for them til mid-November 2022, to change status to H1B and collect about 2 paychecks, and then file for H1B transfer if the position will still be available. In the highly competitive world of H-1B visa applications, employers may sometimes consider filing multiple petitions for the same beneficiary. October 15, 2024; Mani Karthik; Total. Based on a properly filed H1B petition requesting extension of status through any employer, you can be employed by Co. Can another H1B transfer petition be filed with Employer while the H1B transfer with employer A is still pending? I. They have filed with premium processing and will get the result in 15 days. Timeline for H1B Transfer Petitioners may not file multiple or duplicative H-1B petitions for the same beneficiary. This form is a crucial part of the H1B transfer process and ensures that the transfer is carried out in compliance with immigration regulations. You may work for multiple H1B employers that have H1B petitions approved on your behalf. Sorry for the confusion. Company B filed H1 petition on 2nd of December and got notice from 3rd of December, so started working from 9th December 2013 for compan Before the introduction of the H1B registration process, USCIS was accepting H1B petitions during the first 5 days of the H1B season. Get a clear breakdown of how to transfer your H1B visa and stay compliant with immigration laws. Like the You can choose to join any employer whose transfer gets approved, provided all transfers were filed while you were in valid status with your current employer. true. This form is necessary to request a change of employer and to transfer your H-1B visa. The process of H1B visa transfer includes the following steps. I am working for company A and have a valid H1b visa till August 2022. Top 3% Rank by size It will not impact your H1B lottery chances. ” If you look at the historical H1B cap reach dates, lottery situation first occurred in year 2007 for FY 2008 quota. decisions make it clear that USCIS will look carefully when multiple H-1B cap petitions are being filed by the same beneficiary by different employers. Shares. During this “grace period,” the individual may make arrangements to leave the United States or to obtain another basis to which to change or If multiple employers submitted registrations for you and more than one was selected, you can choose which employer to proceed with for your H-1B petition. You can choose to join any company that you wish if both get approved. pontevecchio; Is it OK to have two separate H1b transfer petitions, or will having two petitions lead to the rejection of both? Immigration US visas. H1B transfer Denied We have seen the H1B lottery for many years now, while many are filing one H1B petition and leaving their potential lottery chances to luck, some maybe trying to game the lottery system and do multiple filings to increase their odds of getting picked in H1B Visa Lottery, this is more true even with the New H1B Registration Process from FY 2021. If they haven’t initiated your transfer , you will be in 60 days grace period . In the context of Company B offered me a position and filed H-1B transfer. I got the offer from 2nd company and more inclined towards this but not a 100% sure about what I’d ch Multiple H1B Transfer: I filed Change of Status from H1B to B2 (the case is still pending, doesn't grant me any status). The processing time for H1B filed via regular processing is 4 to 6 months. The H1B change of employer transfer process. pontevecchio. g. employer and approved by the U. Check the status of multiple cases and inquiries that you may have submitted to USCIS Under the multiple petition rule, “an employer may not file more than one cap-subject H-1B petition on behalf of the same person in the same fiscal year. I have my I140 approved as well. Company C is about to submit petition in 1-2 weeks. Opting for the most cautious approach entails awaiting USCIS approval of 2. Meanwhile, I have received a full-time offer from an entirely different company that is also willing to file an H-1B petition for me. Both the petition and Visa are valid untill 30 Sept 2013. You can choose to join any other employer B or C later if their H1B petition is approved. Our firm can provide Information about H1B extension & transfer & renewal and concurrent filing and H1B visa cap and visa quota exemption and employment & family based US Immigration Law by Immigration Lawyer Ajay K. C. Technically, the H1B transfer process is nothing but filing a new H1B visa petition with USCIS that is done using the above “Change Employer” option, but that does not have through go through the H1B Registration Ensure the new employer files the transfer petition before leaving your current job. Arora, Attorney-at-Law, P. They might both get approved. If you have an approved H1B petition (I-797) but are outside the U. Working without proper authorization can jeopardize your visa status. The petition must include the following: H1B transfer by multiple employers at the same time. H1B visa petition: The H1B visa petition is the document that the U. But, if you plan to file H1B petition as Change of Status(COS), you should be back in US before your actual H1B petition is filed with USCIS. Basically, an appeal is a review of the original decision and supporting documentation, and you have the right to question the original decision. H1B Transfer Fee: Amount: Basic filing fee for Form I-129: $780: The American H1B Visa; How to Transfer Your H-1B Visa to a New Employer. USCIS will not care that more than one employer filed for you in these circumstances. Receive automatic case status updates by email or text message, . However, Hi @h1buser. Keep reading to learn more about the H1B transfer process. Basic Explore the nuances of filing multiple H1B petitions with different employers, including policies, obligations, and compliance considerations. When applying for an H1B transfer (also known as the H1B COE), it’s important to understand your chance of success. Fees submitted with such multiple petitions will not be refunded. This petition is for transferring the H1B visa from the old employer to the new one. However, each new employer must be reputable and capable The H1B transfer process is similar to applying for the H1B visa initially. C. Examples of specialty occupations include accountant, computer analyst, engineer, financial analyst, scientist or Hi Anil, My current H1B I94 is valid until Feb 2026 and I have two offers say from Company A and B. Citizenship and Immigration Services (USCIS). With the USCIS crackdown there seems to be a lot of misinformation floating around. H-1B sponsorship requires a qualified employer to petition the U. The Legal Basis and Reality of H1B Transfers. In 2023, the denial rate for H1B Transfer applications was only 3. Apparently Company B is in financial losses and we can end up in some turmoil. One difference between the initial H1B visa and the H1B visa transfer is the lack of a visa cap. Department of Labor before the H1B visa petition can be submitted. A concurrent H-1B is distinct from having two separate H-1B approvals, which is a common occurrence when an H-1B transfer is granted in conjunction with an extension. To transfer your H1B visa to a new employer, that employer must file an H1B petition with USCIS on your behalf. Have your new employer expedite your transfer petition . Premium processing fee: Petitioners have the option to request premium processing for their H-1B transfer petition, which expedites the processing time to 15 calendar days. The petitions are duly approved and H-1B status granted. Just that my joining date with company #1 could fall earlier than the date by when company #2 will be able to get my HB petition transfer approval. My question is can employer C also apply H1B transfer using I140 while petition with employer B is in process. This will ensure that companies filing H-1B petitions subject to the H-1B cap have an equal chance to employ an H-1B worker. A 2018 Memorandum issued by USCIS spells out exactly what restrictions are imposed on companies or “related entities” trying to file multiple H-1B cap petitions for the You can file multiple H-1B transfers simultaneously, and it's legal. Need Help with the H-1B Process? All too common misconception about H1B’s is that an H1B holder can only work for one employer at one time. 10 votes, 14 comments. Also Read: H1B Transfer Status & How it Affects your H1B Transfer. Process timeline: - LCA: Around 10-14 days - H1 transfer: 5-14 days max with Premium Anything else to know - double check that all the details in the new employer's H1-B petition is correct, especially name, new title. But only one has to run your payroll. There is no USCIS hindrance to multiple companies filing an H1B petition for the same candidate. approval, concurrent employment, maintaining valid status, and the importance of documentation. You can simply give notice and stop working. consulate for the new employer. Government on behalf of intended H1B Beneficiary by retaining a licensed immigration counsel for the Multiple H1B transfer petitions may be initiated at the same time. Multiple or duplicative petitions will be denied or As most of you know H1B Visa is one of the most sought temporary work visas and there was a tremendous amount of demand for fiscal year(FY) 2023 with 484K H1B Registrations submitted and even more for FY 2024 a crazy 781K registrations. I got an offer from company B and started working 9th December 2013. , while being interested in re-entering with a different employer, the route is certainly paved with procedures Most H1B worker’s intention is to move to a new employer after the new petition is approved and have a cushion of job safety. You will need these paychecks to prove that you have worked while on H1B and the salary matches the figures in LCA. USCIS permits H-1B visa holders to have multiple jobs, provided they have specifically applied for a concurrent H1B. The H1B visa category allows organizations with a Federal Identification Number/IRS tax number to employ a foreign professional to work in a specialty occupation for up to six years. Thanks Shervin. Approval of one transfer doesn’t obligate you to join that employer, nor does it affect your existing H-1B status with your current I wanted to clarify whether it is legally permissible to accept multiple job offers and have two different employers file H-1B transfer petitions simultaneously after a layoff. Right now there are many contract jobs in market which involve multiple layers, and I am losing those jobs. Here is my scenario - I am Saikrishna. Step-by-Step Guide to the H1B Visa Transfer Procedure. and have never entered using an H1B visa stamp, Employer B can still transfer your H1B petition. The distinction between visa validity and petition approval is a nuanced aspect of U. If you mean whether you can work multiple contracts under same employer, yes sure. Multiple H1B can be filed. Technically there is no “transfer”. USCIS has not given any relief and your only option is to either delay joining the new employer until H1B transfer is approved or join by leaving the current company. The LCA must be filed by the U. To facilitate the H1B transfer, the new employer must inform USCIS of the changes in employment status by submitting Form I-129, Petition for a Nonimmigrant Worker. I would l Hi I was working for Company A on an approved H1B petition and stamped visa. USCIS noticed duplicate filings by employers during that season and for the next fiscal year filings they issued a regulation in March 2008, to avoid employers filings multiple petitions for the same employee. employer submits to USCIS to request approval for the foreign worker’s H1B visa. There’s no limit to the number of H-1B visa transfers you can file, and each transfer follows the same process. Each H In this case it is okay to have more than one employer file an H1B transfer petition, but you can only use one at a time. Note: This article is To qualify for this benefit, the H-1B transfer petition must be filed on time and properly, which means: The H-1B worker is in legal status and was lawfully admitted. Guillermo Senmartin | Principal Attorney at Guillermo J. I am unsure whether multiple H-1B petitions from If you find a new employer willing to sponsor you for an H1B visa within this timeframe, the new employer can file an H1B transfer petition on your behalf. , within 6 months), later-filed transfers may require "bridge petitions" to maintain continuity of status. Ask When a foreign national with an H-1B visa decides to change jobs, the new employer must file an H-1B transfer petition. Mr. ” The regulations specify that “if USCIS believes that related entities (such as a parent company, subsidiary, or affiliate) may not have a Visa Validity vs Petition Approval. I was working for a company A till 6th of December 2013. Will USCIS issue an RFE and inquire for intended employer ? My I94 is valid till March 2019. Conclusion. You may use a valid H-1B approval from your previous employer and the receipt notice and H1B petition. This means that the H-1B transfer rules apply where you don’t have to secure approval before working. The H1B visa offers the advantage of transferring your status from one employer to another. ” The regulations specify that “if USCIS believes that related entities (such as a parent company, subsidiary, or affiliate) may not have a legitimate business need to file more than one I am currently working as a contractor on an F1 visa, and my employer has submitted my name for the H-1B lottery. H1B is directly related to your company, job and location. Multiple H1B Petitions Filings. I got offer from Company B and they filed my H1B transfer and I joined them with the receipt notice. Let’s take a closer look at A: The multiple petition rule is found under federal regulations and states that “an employer may not file more than one cap-subject H-1B petition on behalf of the same person in the same fiscal year. Challenge USCIS Using Attestations Instead of Proper Rulemaking. You should discuss the petition filing with an immigration attorney. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston, TX Los Angeles, CA Multiple H1B change of employer petitions may be filed. If your petition for a new H1B visa (or transfer) has been denied there are specific steps that you can take to appeal. 5%, marking a significant drop from 24% in 2018. Depending on how the revocation/denial notice If there are more than one layers, my H1 transfer petition will get a query and H1 transfer will get denied. You can have only one employer. When the H-1B visa holders want to change employers, the new employer is the one who submits I’m on my H1B approved recently after getting picked in the 2nd lottery this year. immigration law that confuses many applicants. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston, TX Los Post your question and get advice from multiple lawyers. Senmartin, P. S Can Multiple H1B Transfers Filed at the Same Time? Multiple H1B petitions can be filed from different employers for an H1B transfer at the same time. All transfer petitions receive their own result without affecting each other unless you filed transfer after i94 expiry. - both ethical and logistical issues. Non-Compliance There is no limit to the number of times you can transfer your H1B visa as long as each transfer petition is approved by USCIS. View your case history and upcoming case activities, . Government on behalf of intended H1B Beneficiary by retaining a licensed immigration counsel for the Government approval to permit skilled Beneficiary to the United States to performed skilled work. If USCIS needs more evidence to decide on the petition, it issues an RFE. More information about H-1B portability can be found on our H-1B Specialty Yes, with the following to consider: H-1B sponsorship requires a qualified employer to petition the U. employer will need to file on your behalf Form I-129, Petition for a Nonimmigrant Worker, with U. It also discusses potential risks and the benefits of H-1B Transfer Petition: The new employer must file an H-1B transfer petition (Form I-129) with the USCIS on behalf of the employee. There is no simple solution to this complex problem. So, say you get a couple of offer letters at the same time and both these employers file your transfer, that is totally ok. Posted October 15, 2013. This petition serves as the official request to transfer the H-1B visa sponsorship from the current employer to the new employer. Form I-129 Petition: Once the LCA is approved, the employer will file a new H1B petition (Form I-129) with U. Once approved, you will receive a new i797 notice of approval with a new i94 attached to paper i797. Lawyers by Location . Filing fees: The primary filing H-1B transfer fee is the Form I-129 basic filing fee, which is paid by the new employer submitting the petition to USCIS. Will I be able to apply for multiple H1 B transfer from old approved petition Lawyers by Location . USCIS published data in Nov 2018, as part of a proposed rule on the details of how A: The multiple petition rule is found under federal regulations and states that “an employer may not file more than one cap-subject H-1B petition on behalf of the same person in the same fiscal year. Also, sign up for Case Status Online to: . Browse by Popular Cities: A company can file an H1B petition without obtaining the consent of the current or prospective H1B employer. You can begin working with your second employer as soon as the new H1B petition is filed and received by the USCIS. 0. My question is: Will I have any issue at the visa interview with multiple H1b petitions approved and I am going for the interview with employer A petitions. I started an H1b visa transfer (Change of Employer) for company B which got approved. Following the H1B visa portability rules of the American Competitiveness Act, as an H1B visa holder, you may transfer the status to start to work with a new employer, provided that the new U. The H1B visa is what’s known as a petition-based visa. Simultaneous Transfer and Extension of H-1B Employment Many people don’t realize that they do not have tell their current employer about your new job, or the petition to transfer the H1B visa. Now I got a new job from employer B and he is willing to apply for H1b transfer petition. Tip: Once your transfer petition is filed, you can start working for your new employer while it’s pending approval! Multiple H-1B Transfers: Yes, you can transfer your H-1B visa more than once! H1B transfer processing time is anywhere from 15 days days to 4 months or more depending on whether you submit your H1B change of employer petition with premium processing or not. To sum up, for an Indian citizen with an approved I-140 contemplating a long-term absence from the U. H1B Transfer Scenario Without Entry to the U. New employees just files a new H1b with cap exempt for you once they offer the job and you can work on that new H1 or even stay with old H1 and employer and reject new offer. If the same employer files multiple H1B petitions for the same H-1B worker, USCIS will deny all such applications. Browse by State: Alabama Alaska Arizona Arkansas California Colorado Legally, an employee on an H-1B visa can initiate employment with the new employer upon delivery of the transfer petition by U. The process lets you file a change of employer petition when you wish to transfer from one H1-B visa employer to another. In fact, those valid H1B status are eligible to work for multiple H1B employers as long as the additional employer(s) are willing to H1B transfers don't have to be stressful. . So what if you have a new job offer, and wish to work for a different employer? In this case, you will need to transfer your H-1B visa. The H1B visa program is a key Are you considering filing multiple H-1B petitions for the same foreign employee? We have stated why petitioners must avoid filing multiple H1B petitions. This form is handed to the United States Citizenship and Immigration Multiple H1B transfer in 60 day grace period. The I-129 form of the H1B petition is used for permission to the employer to hire foreign workers. I have now got an RFE on my H1B transfer and USCIS have asked H1B Visa Transfer: F. My transfer is still under process (recently they have issued an RFE). So many applications are received that if you think the denial was incorrect you There's technically no such thing as an H1-B transfer. The situation can become complex (and employment that is authorized based on a pending H1B petition requesting EOS no longer valid) if there is a denial of an H1B petition when your I-94 has expired. As such, your prospective U. However, if your H-1B validity is close to expiring (e. You may have more than one payor. What is an H-1B Visa Transfer? Transferring an H-1B visa means starting to work for a new employer while holding an H-1B status with a current employer. A and B, file H-1B petitions for the same worker. employer follows the procedures to file an H1B transfer visa application on your behalf. The USCIS Policy and the Matter of S- Inc. Get a real-time response from a licensed attorney for free! Ask a Lawyer - it’s free! H1B transfer is a new petition to change your H1B employer. Multiple h1b lottery petition edge cases. I have received the petition "Receipt" notice from Company B. In that case, I don't want to join the company #1 and leave after few weeks. The American Competitiveness in the 21st Century Act (AC21) has simplified the transfer process, allowing H1B holders to start working for a new employer as soon as the petition is filed, provided certain View case status online using your receipt number, which can be found on notices that you may have received from USCIS. Yes, you can file multiple H1B Transfer in 60 day grace period. A until Co. I assume you keep calling it a transfer because you are still in the US; If this is the case, you cannot "transfer" while in a waiting period; One can only change status from one employer to another when the status is valid at the time when the "transfer" petition is filed; Also, you cannot get a "new" I94 at the consulate; There is not such an option in US immigration The H1-B transfer is a process that H1-B visa holders can use while in the US to change their employer. As with everything else in life, not everyone plays a fair game and there are few who try to take shortcuts. Spoke to a few immigration lawyer friends of mine and found out the following : In all other cases, they can access fraud payrolls, bank transfers to pay for application fees, false client site visit, internal Non-immigrant workers on H1B status, like those in E, L, O, or TN status, are given a “grace period” for up to 60 days if their employment terminates earlier than what is contemplated in the validity date of their original petition. Multiple or Duplicative Filings On March 19, 2008, USCIS announced an interim final rule on H-1B visas to prohibit employers from filing multiple or duplicative H-1B visas for the same employee. I have offers from 2 companies submitting H1B transfer petitions. If your new employer initiated your transfer you are good. As a backup, can I continue interviewing and accept offers and ask them to generate H1B petitions simultaneously? So that whichever petition gets approved, I can finalize that one? Please advise if Multiple H1-B petitions ( transfer) from Company A to Company B & Company C as same time Lawyers by Location . Have doubts about H1B Transfer? Here are more than a dozen FAQs and answers on H1B Transfer and its details. I have recently joined Company B and I have started working on my receipt. Your employer would include copy of I-94 along with your H1B petition to stay that you are inside US and in proper status. S. H-1B transfer petition was filed before the expiration of the current H-1B period of stay. Asked in New York, NY | Sep 25, 2018 | 1 answer. your new employer simply files a new H1B petition with a few changes to the nature of the petition. Quote; Eleven11. Smith is an attorney with over 25 years of immigration experience with complex immigration issues and successful filings. The petition must be filed while your current H1B status is still valid. Each H1B transfer application is also an H1B extension automatically as the employer requested a work permit for 3 years. I heard that with approved I140, H1B transfer rules are bit different where multiple petitions will not get approved. My I-94 expires in August 2019. Let me explain this. A. Q. Multiple transfers. However, you will need to undergo the consular processing again at a U. It is best to remain employed by Co. I have not yet joined company B as I have to serve a Multiple H1B petitions filed even through unrelated companies and subject to the visa cap could attract attention and cause complications but that is not the issue here since the cap does not apply in H1B transfer or extension cases. Reply reply More replies. yatb vua eewyf gthfx neax bvbylsn mbxzcezi zqpmtyy vdsh dchkp vizzlfi itxymlx bdww vxwt dosp