Question. I was working with Company A. I joined and am now working with Company B, based on H1 Receipt Notice. This H1 is pending. Now I am getting a very good job offer from Company C. Can Company C file for a H1 Transfer for me? My original H1 is still valid.
Answer. Employer C can file for a H1B. However, it will only be considered a transfer petition if the H1 that is currently pending is approved. The reason is that you need to show that you are in valid H1 status for you to be able to transfer that H1. You are no longer working for the first company. The only way you can be in valid H1 is if your H1 from Company B is approved. If that H1 is denied, you may still get the H1 through Company C, but most probably will not be issued a I-94. In that case, you will need to travel to your home country to have the H1 stamped before you can work for Company C.
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