Multiple h1b transfer petitions. H-1B transfer petition is not frivolous.

Multiple h1b transfer petitions Based on a properly filed H1B petition requesting extension of status through any employer, you can be employed by Co. Keep reading to learn more about the H1B transfer process. 0. Will I be able to apply for multiple H1 B transfer from old approved petition Lawyers by Location . Now I have a better offer from company C and they are filling H-1B transfer as well. ” 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. 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. . I have received an RFE on employer A H1B transfer petition. Company C is about to submit petition in 1-2 weeks. One difference between the initial H1B visa and the H1B visa transfer is the lack of a visa cap. Hi @deb You should talk to company C and explain your situation. 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. 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. 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). Here is my scenario - I am Saikrishna. But only one has to run your payroll. My question is can employer C also apply H1B transfer using I140 while petition with employer B is in process. Once approved, you will receive a new i797 notice of approval with a new i94 attached to paper i797. 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. Ask When a foreign national with an H-1B visa decides to change jobs, the new employer must file an H-1B transfer petition. 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. 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. Sorry for the confusion. approval, concurrent employment, maintaining valid status, and the importance of documentation. Technically there is no “transfer”. 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. I am working for company A and have a valid H1b visa till August 2022. H-1B transfer petition was filed before the expiration of the current H-1B period of stay. This form is handed to the United States Citizenship and Immigration Multiple H1B transfer in 60 day grace period. You should discuss the petition filing with an immigration attorney. employer and approved by the U. This petition is for transferring the H1B visa from the old employer to the new one. ” 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. Top 3% Rank by size It will not impact your H1B lottery chances. 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. , 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. 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. 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. If you mean whether you can work multiple contracts under same employer, yes sure. 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. Ask your own question. Hi Members, Below is my situation. 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. 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. , within 6 months), later-filed transfers may require "bridge petitions" to maintain continuity of status. Also Read: H1B Transfer Status & How it Affects your H1B Transfer. immigration law that confuses many applicants. employer follows the procedures to file an H1B transfer visa application on your behalf. 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. I have my I140 approved as well. The RFE process for an H-1B visa may require additional documents and explanations. 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. true. I was working for a company A till 6th of December 2013. That way your COS would be approved. 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. All transfer petitions receive their own result without affecting each other unless you filed transfer after i94 expiry. However, you will need to undergo the consular processing again at a U. The H1B visa offers the advantage of transferring your status from one employer to another. Basically, an appeal is a review of the original decision and supporting documentation, and you have the right to question the original decision. 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. Step-by-Step Guide to the H1B Visa Transfer Procedure. You can choose to join any other employer B or C later if their H1B petition is approved. 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. H1B Transfer Scenario Without Entry to the U. To sum up, for an Indian citizen with an approved I-140 contemplating a long-term absence from the U. This form is a crucial part of the H1B transfer process and ensures that the transfer is carried out in compliance with immigration regulations. I got an offer from company B and started working 9th December 2013. 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. Multiple transfers. 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. 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. 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. With the USCIS crackdown there seems to be a lot of misinformation floating around. Citizenship and Immigration Services (USCIS). As such, your prospective U. 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. An H1B petition approval, issued by the U. If your petition for a new H1B visa (or transfer) has been denied there are specific steps that you can take to appeal. 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. 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. Senmartin, P. g. 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. 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. The H1B visa is what’s known as a petition-based visa. This means that the H-1B transfer rules apply where you don’t have to secure approval before working. Have doubts about H1B Transfer? Here are more than a dozen FAQs and answers on H1B Transfer and its details. 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. A. 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. If you have an approved H1B petition (I-797) but are outside the U. H-1B sponsorship requires a qualified employer to petition the U. As with everything else in life, not everyone plays a fair game and there are few who try to take shortcuts. Arora, Attorney-at-Law, P. My transfer is still under process (recently they have issued an RFE). There is no USCIS hindrance to multiple companies filing an H1B petition for the same candidate. I heard that with approved I140, H1B transfer rules are bit different where multiple petitions will not get approved. A I am on my H1B from company A. Can another H1B transfer petition be filed with Employer while the H1B transfer with employer A is still pending? I. 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. H1B visa petition: The H1B visa petition is the document that the U. 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. Challenge USCIS Using Attestations Instead of Proper Rulemaking. Asked in New York, NY | Sep 25, 2018 | 1 answer. Department of Labor before the H1B visa petition can be submitted. I got offer from Company B and they filed my H1B transfer and I joined them with the receipt notice. 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. If the same employer files multiple H1B petitions for the same H-1B worker, USCIS will deny all such applications. 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. The process of H1B visa transfer includes the following steps. Also your final settlement May let you have one more paycheck , if your new employer can submit petition by then you are absolutely fine . 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. There is no simple solution to this complex problem. USCIS permits H-1B visa holders to have multiple jobs, provided they have specifically applied for a concurrent H1B. You may work for multiple H1B employers that have H1B petitions approved on your behalf. If they haven’t initiated your transfer , you will be in 60 days grace period . Form I-129 Petition: Once the LCA is approved, the employer will file a new H1B petition (Form I-129) with U. 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. B and/or Co. and have never entered using an H1B visa stamp, Employer B can still transfer your H1B petition. If USCIS needs more evidence to decide on the petition, it issues an RFE. However, once an H-1B petition is approved, you can only work for that employer unless you transfer to another H-1B employer later. To transfer your H1B visa to a new employer, that employer must file an H1B petition with USCIS on your behalf. 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. The LCA must be filed by the U. Now I got a new job from employer B and he is willing to apply for H1b transfer petition. This post explains H-1B visa portability under the AC21 Act, highlighting important aspects like filing vs. S. Working without proper authorization can jeopardize your visa status. 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. ” If you look at the historical H1B cap reach dates, lottery situation first occurred in year 2007 for FY 2008 quota. 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. 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. The petition must include the following: H1B transfer by multiple employers at the same time. Each H1B transfer application is also an H1B extension automatically as the employer requested a work permit for 3 years. 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. I would l Hi I was working for Company A on an approved H1B petition and stamped visa. 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. So, say you get a couple of offer letters at the same time and both these employers file your transfer, that is totally ok. USCIS will not care that more than one employer filed for you in these circumstances. Browse by Popular Cities: Atlanta, GA Boston, MA Chicago, IL Dallas, TX Houston, TX Los Post your question and get advice from multiple lawyers. 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. 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. If all three file for you, which one will you join? That is the one you will use. Opting for the most cautious approach entails awaiting USCIS approval of 2. The H1B change of employer transfer process. You will need these paychecks to prove that you have worked while on H1B and the salary matches the figures in LCA. C. 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. 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. consulate for the new employer. Reply reply More replies. 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. You can simply give notice and stop working. In 2023, the denial rate for H1B Transfer applications was only 3. There’s no limit to the number of H-1B visa transfers you can file, and each transfer follows the same process. Receive automatic case status updates by email or text message, . This includes verification of eligibility, job offer details . They might both get approved. Smith is an attorney with over 25 years of immigration experience with complex immigration issues and successful filings. 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. 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. However, each new employer must be reputable and capable The H1B transfer process is similar to applying for the H1B visa initially. 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. employer will need to file on your behalf Form I-129, Petition for a Nonimmigrant Worker, with U. You can choose to join any company that you wish if both get approved. When applying for an H1B transfer (also known as the H1B COE), it’s important to understand your chance of success. 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. Conclusion. 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. You may have more than one payor. Citizenship and Immigration Services (USCIS), authorizes an employer to employ a foreign worker in a 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. Fees submitted with such multiple petitions will not be refunded. A until Co. I started an H1b visa transfer (Change of Employer) for company B which got approved. The processing time for H1B filed via regular processing is 4 to 6 months. 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. You can have only one employer. your new employer simply files a new H1B petition with a few changes to the nature of the petition. Posted October 15, 2013. In the context of Company B offered me a position and filed H-1B transfer. 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. 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. Best time to resign is after H1 transfer approval. 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. The I-129 form of the H1B petition is used for permission to the employer to hire foreign workers. Basic Explore the nuances of filing multiple H1B petitions with different employers, including policies, obligations, and compliance considerations. The process lets you file a change of employer petition when you wish to transfer from one H1-B visa employer to another. 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 . 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. They have filed with premium processing and will get the result in 15 days. Browse by Popular Cities: A company can file an H1B petition without obtaining the consent of the current or prospective H1B employer. Will USCIS issue an RFE and inquire for intended employer ? My I94 is valid till March 2019. October 15, 2024; Mani Karthik; Total. 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. 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. Let me explain this. 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 distinction between visa validity and petition approval is a nuanced aspect of U. I have recently joined Company B and I have started working on my receipt. I have now got an RFE on my H1B transfer and USCIS have asked H1B Visa Transfer: F. The USCIS Policy and the Matter of S- Inc. 5%, marking a significant drop from 24% in 2018. Apparently Company B is in financial losses and we can end up in some turmoil. You can begin working with your second employer as soon as the new H1B petition is filed and received by the USCIS. In the highly competitive world of H-1B visa applications, employers may sometimes consider filing multiple petitions for the same beneficiary. Multiple H1B Petitions Filings. 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. View your case history and upcoming case activities, . 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. Get a clear breakdown of how to transfer your H1B visa and stay compliant with immigration laws. 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 have offers from 2 companies submitting H1B transfer petitions. 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. It is best to remain employed by Co. You may use a valid H-1B approval from your previous employer and the receipt notice and H1B petition. H1B is directly related to your company, job and location. ? I hope you are doing well. Also, sign up for Case Status Online to: . If your new employer initiated your transfer you are good. The petitions are duly approved and H-1B status granted. Shares. Everything is about your employer who files the petition for your h1, either first time lottery pick or transfer. Mr. Read on. Q. 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. Timeline for H1B Transfer Petitioners may not file multiple or duplicative H-1B petitions for the same beneficiary. Quote; Eleven11. Please let me know the correct information. The petition must be filed while your current H1B status is still valid. H-1B transfer petition is not frivolous. However, if your H-1B validity is close to expiring (e. Thanks Shervin. Yes, you can file multiple H1B Transfer in 60 day grace period. 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. Multiple H1B can be filed. Right now there are many contract jobs in market which involve multiple layers, and I am losing those jobs. employer submits to USCIS to request approval for the foreign worker’s H1B visa. 10 votes, 14 comments. This petition serves as the official request to transfer the H-1B visa sponsorship from the current employer to the new employer. 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. 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. 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 ethical and logistical issues. Every time you change employers, a new I-129 petition must be filed. The Legal Basis and Reality of H1B Transfers. pontevecchio. This form is necessary to request a change of employer and to transfer your H-1B visa. H1B Visa Transfer Requirements. Your employer would include copy of I-94 along with your H1B petition to stay that you are inside US and in proper status. Multiple h1b lottery petition edge cases. Lawyers by Location . C's H1B petition is approved granting extension H1b layoff multiple H1B transfers scenario. 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. I have received the petition "Receipt" notice from Company B. However, Hi @h1buser. My I-94 expires in August 2019. A and B, file H-1B petitions for the same worker. C. In that case, I don't want to join the company #1 and leave after few weeks. Have your new employer expedite your transfer petition . Guillermo Senmartin | Principal Attorney at Guillermo J. 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 . 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. 46,650 Satisfied Customers. Both the petition and Visa are valid untill 30 Sept 2013. ohzosp roz kzn jxqu wsh cbjx iouymy tuuajh arlhyzs vxfup pbbe gkn cxitx efai oks