| Q. |
H-1B Transfer
I am working on H1B with Company A as a full time employee since Mar 2006 & first term ends Aug 2009. Company A is downsizing they are offering Voluntary Separation Option (VSO) with 12 month pay. But there is selection process & will announce selected on Dec 29.The last working day for selected employees will be Dec 30. I want toapply for VSO & want to move to company B. I want to apply for H1B transfer now.
Q: If I apply for H-1B transfer to Company B. Will I be able to continue working for company A, if I don’t get selected for VSO on DEC 29 & if I get my H1B approved with Company B.?
Q: If my H1b gets approved from company B. Will I be holding 2 H1Bs and I can select which company I want to work for Or is it a complete transfer of H-1B meaning I wont be able to work for Company A.
User's Location:
Fairfax, Virginia, United States of America
Category:
Temporary Work Visa (H,L)
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| A. |
Thanks for your message.
Generally, you can choose one of the following H-1B scenarios. First, you can file for H-1B "transfer" which means that although you can work for Company A until the H-1B transfer application is pending, you must stop as soon as it is approved and you must start working for Company B.
Also, you can file for H-1B "concurrent" employment, which means that you will be authorized to work for both Company A and Company B. This may be the better option in your situation, so that you can continue to work for Company A in case you do not get selected for VSO.
Hope this helps you understand your options. Please do not hesitate to contact me if you have any questions or concerns or need further help.
Best regards. |
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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