Immigration Issues/H1 Transfer

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Question
HiÖ

I was working for some company A, after a while company A didnít had any good projects in USA so they told me to go back to India. I found company B and they have filed H1 transfer for me using Normal filing mode and we are waiting for the receipt from USCIS and it will take three weeks and currently I am on payroll of Company B.

My questions:--
1)   Will my H1 Visa would be valid to transfer  even though if Company A cancels my H1 within 3 week?
2)   How long does it takes an Employer to Cancel H1?
3)   How safe I am since I am not reporting to Company A?
4)   Is it ok if I start working for Company B even if I have not got the receipt from USCIS but they have applied for the H1 transfer.


Answer
Hi,

Since Co. B has filed for you, it is OK if Co. A revokes its H-1B petition. You can start working for Co. B even without issuance of the receipt notice (a petition is considered filed when it is received by the USCIS with proper filing fees and signatures on the forms).

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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