Legal Question in Immigration Law in Massachusetts

H1 Transfer

My H1-B is filed for extension by my current employer (Company A) under normal processing. I have accepted another offer from Company B, and they would be filing my H1-B Transfer on the basis of the extension receipt(EAC number). Can Company B do this H1-B transfer under premium processing, or do they

have to wait till the approval notice of the H1-B extension from Company A. Can Company A invalidate my status within this period ?. What would happen incase if Company A gets some query from the INS regarding my H1-B extn and he does not respond to it will i be in trouble?

I would really appreciate your help here.

Thanx

jatin


Asked on 5/02/04, 5:19 pm

2 Answers from Attorneys
Neena Bohra Law Offices of Neena Bohra

Re: H1 Transfer

The H transfer should not be problematic and premium processing is not necessary as you can start working for Co. B while the petition is pending.

You can contact me for a consultation or to file the case.

Read more
Answered on 5/03/04, 12:36 pm
Myron Morales Lee Lane Smith LLP

Re: H1 Transfer

You can transfer your H-1B, and company A should not be able to anything to jeopardize the transfer. Portability was included in AC21 to avoid the appearance of indentured servitude by companies that sponsor H-1B workers.

Read more
Answered on 5/02/04, 8:02 pm


Related Questions & Answers

More Immigration Law questions and answers in Massachusetts