H1 Transfer to new employee without doing H1 Amendment with current employer. Is this possible ?

Question

Hi,

I am currently working with Company A. I am in H1B Visa status. I got H1B for Texas Location. I moved to a new location before 5 months and i have my LCA updated.

But, recently due to the H1 Amendment rule for location change rule, my current company is asking me to file for Amendment. But i got an offer from Company B who is willing to start the H1 Transfer process.

Should i wait for my amendment to be completed in Company A and then start the H1 Transfer with company B or can i start H1 transfer with Company B ?

Which is the right and safest approach ? Please advice.

Answer 1

According to USICIS, you have to apply for amendment in 90 days from when uscis has implemented this rule(may 21st). So, you need file the amended petition by August 19, 2015 to avoid any issues.

if Company B applies for premium processing and if you are sure that you can get the h-1b filing receipt before August 19,2015, then go with company B

Comments

Thanks. I had the same question as well