With PP being suspended, is it wise to join on H1B transfer receipt notice? I am getting decent salary ~160k at capgemini, have double masters degree and strong technical profile. No employer would...

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Continued - wait for 4-6 months if we wait for transfer approval. Just checking in what others are planning to do?

How many years of work experience do you have?

K1 - total 9, 4.5 years in US with my current employer. I used 3 year H1B, have been approved for another 3 years (2021) with current employer.

Have 2 masters degree as well, one from Home country and second from US

Never had RFE in my original H1B filling and extension.

one of my friends transferred before the approval, and now he gets an rfe

OP - each h1-b case is different and h1-b approval depends on how well your petition is flied and how well documented the JD and educations are..

I’m in same boat.. 11 years experience.. 7th year of h1-b with approved i-140... just got an offer from industry.. I guess deadline to file premium is 09/11.. if your law does it before that you should be fine..

E2 - Thanks. So, will you joining with receipt notice?
Company need to file LCA, which can take 7-10 days for approval and then actual H1B transfer. HR told they will start with LCA today only, still it’s tight and may be that sept 11 date will be missed. So trying to decide what to do in case of no PP.

I’m planning to join.. once you are on board very few companies let people go as they have already invested minimum of $20-$25k in hiring and h1-b.. if they used an agency or recruiter to fill your position than the investment is almost 3 times as recruiters gets at-least 2-3 months of your salary as fees

E2- thanks for your feedback. I’m considering to join as well on receipt notice, in my case interviewer told they would everything in their power if there is an RFE or denial. Given capgemini files so many h1bs l. I’m sure their legal team have experience responding to RFEs.

I did that couple years ago, paid the price. Visa was denied after rfe. Had to leave the country. I would never recommend that route.

This was with Infosys.

Every employer will do everything they can. But, its not in their hands at the end.

E3 - Even if visa transfer get denied, don’t we have 60 days to find other job and submit new transfer request?

My wife joined 2 times with transfer notice, one time it got approved straight and second time got approved after RFE. Of course before trump era!

So, I know it’s depends case by case, but I do t think someone need to leave the country immediately if visa gets rejected. There is a grace period to find other job.

I was on RFE for more than 3 months. That evaporates your buffer. I spoke to several recruiters and attorney , everyone said, i am already out of status, better leave immediately or join the old firm.

EY3 - as long as your petition is under process even with RFE you have legal right to stay and work in US. You have 60 days after your petition is denied. Your status depends on what date the petition was denied.

OP, do you have 140 approved? I am in same boat. Can someone suggest if H1b transfer gets denied, can New employer resubmit new H1b based on previous 140?

Yes I-140 is approved. I believe 140 and h1bare separate things

But I think if your I140 is approved, any company can file a new H1b again. Can someone please confirm?

Ey2, that is not correct

Ey2, after posting earlier comment, tried editing, typed big essay, when attempted save, I realized i took more than 5 min to edit, which is not allowed....

Status is valid as long as the petition pending, if approved you are covered.

If denied, your out of status from the day you left your earlier job. In my case, i was on Infy payroll for 4 months. So, crossed 60 day period too.

I spoke to 2 attorneys actually before leaving country, one of them is peerelly law firm.

Infy said, they do not appeal the decision. Offered to reapply after 1 year. Offered job in HYD for way less salary than what i was making 4 years ago in HYD.

I came back with previous employer, lucky they did not revoke it that time.

C1, eligibility is not the concern, if 6 years is not complete, without 140 also they can apply. But, need some time to prepare documentation and apply, which takes time. If Rfe is pending more than 60 days, you are out of status.

I had a job offer from Hexaware that time. Thats what they said to me.

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