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Immigration Issues/join new on h1 transfer

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Question
Currently I am working in company A on H1b and got offer from company B. Comp B filed for h1 transfer 10 days back on normal process. When should I join company B and haven't received any reciept from USCIS yet. Can I  resign my current company, while visa is in process. Is it possible for my curent company to cancel my h1 before company B h1 transfer approved?

Answer
Nile,
You can begin working for company B once you receive the receipt notice for your new H1b.  This may have some risks because your new H1b may get denied.  The safest would be for you to wait until it gets approved but this may take several months in which case you could file for an expedited process to have it decided in fifteen days.  The procedure would cost an additional $1,000.00 in filing fees.

It is always possible for your old company to cancel your H1.  Since you have already filed a new H1B with company B you would still be in status and would remain in status if your new H1b is approved or until it gets rejected.

Mark Ashley
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

Expertise

Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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