What to do regarding an H1B company petition transfer?
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What to do regarding an H1B company petition transfer?
I have been selected in the lottery and received I-797C for the H1B. The case
type is I-129 – petition for a non-immigrant worker Currently the case is pending with the company that is sponsoring my petition and the USCIS is asking the company for more evidence. If the H1B is approved I can start working for the current company in about 3 months. Can I change the company sponsoring me while my case or work permit is still pending? Can a new company take over my H1B before it is approved and stamped or immediately after it is approved and stamped? What is the risk since I will have no paystubs?
Asked on June 21, 2018 under Immigration Law, Washington
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If the petition is approved, the earliest you can start working would be October 1, 2018 since that is the first day of the new fiscal year for which the H-1B petition was filed. A new employer can submit a transfer petition on your behalf at any time, even while the RFE response is being reviewed and before the current petition si approved. However, even if that second petition is approved, the earliest you can start working would be October 1.
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