H1B Transfer Questions

Old Mar 19th 2015, 5:48 pm
  #1  
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Default H1B Transfer Questions

I am in the process of transferring employers on H1B and have a fairly urgent request.

My current employer is getting a little strange - asking to be connected with the new employer's attorney and requesting I immediately hand my notice in via resignation letter. (As I am my current employer's first H1B employee, I'm sure they are just trying to do everything by the book in terms of notifying USCIS but appreciate any advice)

1)
My attorney with the new employer has not received the receipt from the USCIS regarding the transfer/application yet, so in theory I should not hand in my notice?

2)
Once it is confirmed I am leaving, what does my current employer have to do with the USCIS? As I am transferring, not leaving the country, I didn't think they needed to contact them.

Thanks
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Old Mar 19th 2015, 6:00 pm
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Default Re: H1B Transfer Questions

I would not hand in any form of notice until your new employer has confirmation or you run the risk of them letting you go beforehand and you may have to leave the country while it's processing. Of course, he could fire you nad you'd be in that position anyway, but let's hope for the best!

IANAL, so your best bet is to get advice from your new employer's attorney.
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Old Mar 19th 2015, 6:04 pm
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Default Re: H1B Transfer Questions

Once it is confirmed I am leaving, what does my current employer have to do with the USCIS? As I am transferring, not leaving the country, I didn't think they needed to contact them.
They want to inform the government that you are no longer working for them. I don't know if they are legally required to do this, or if they are just trying to make sure that USCIS doesn't suspect that they're engaging in visa fraud. I think the general idea is that an employer who brings people into the country and then just lets them wander off is eventually going to start finding it difficult to get petitions approved.

(As I am my current employer's first H1B employee, I'm sure they are just trying to do everything by the book in terms of notifying USCIS but appreciate any advice)
That would be my first thought as well. If they're asking to be put in touch with the new employer's attorney I'd say that actually sounds like a good sign, because hopefully it just means they want to coordinate when things get filed so that you don't get screwed.

Last edited by zerlesen; Mar 19th 2015 at 6:07 pm.
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Old Mar 19th 2015, 6:07 pm
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Default Re: H1B Transfer Questions

Maybe they have a vague worry as H1B employer has to fly employee back home if they sack them. Best to take legal advice as Guindalf says. My husband will be home soon and I'll ask him if he remembers what he did.
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Old Mar 19th 2015, 6:09 pm
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Default Re: H1B Transfer Questions

Originally Posted by Guindalf View Post
IANAL, so your best bet is to get advice from your new employer's attorney.
Or get your own attorney. Remember neither attorney is your attorney, they represent the respective companies.
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Old Mar 19th 2015, 7:03 pm
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Default Re: H1B Transfer Questions

Originally Posted by Sally Redux View Post
Maybe they have a vague worry as H1B employer has to fly employee back home if they sack them. Best to take legal advice as Guindalf says. My husband will be home soon and I'll ask him if he remembers what he did.
Not really. He just said it's OK to resign once the process has started.
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Old Mar 19th 2015, 9:34 pm
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Default Re: H1B Transfer Questions

Thanks guys, very helpful. I just called the attorney handling the application. He told me under no circumstances to hand my notice in yet, just in case. Our receipt will likely be received next Wednesday so I should wait until then.

I agree that I don't think it is anything sinister - as I am leaving my company to work for a major client of ours - and be in the position to hire them, so it would odd for them to do anything to disrupt my application. Everything so far has been very positive.

Can't wait to start PERM later this year and eventually become a GCH. I feel like most Americans have no idea the lengths we go through to live here.
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Old Mar 19th 2015, 9:53 pm
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Default Re: H1B Transfer Questions

Originally Posted by VenturaBlvd View Post
I feel like most Americans have no idea the lengths we go through to live here.
You are absolutely correct.

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Old Mar 19th 2015, 11:10 pm
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Default Re: H1B Transfer Questions

How would they know you are leaving?..., note to all......NEVER tell an employer anything.

I xferred numerous H1B visas and never wanted to take the risk, any reason you did, e.g. what happens if this falls through and your stuck there

my 2cents and curious!
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Old Mar 19th 2015, 11:24 pm
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Default Re: H1B Transfer Questions

I have a bit of a unique situation based on the nature of the industry I work in - if I was leaving for a competitor I certainly would not have told them, but I am moving from a marketing agency to a major motion picture studio who is currently a client of ours, so ultimately I am becoming a client for my current employer.

Also, my current employer also knows my new employer very well, both professionally and personally, so it would have been silly not to have let them know as they would have found out either way.
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