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Posted via http://britishexpats.com
Just got some more queries?
While applying for H1-B Transfer with third company, do the person need
to submit documents(H1 transfer Receipt notice) to INS , to show that he
is working with the company(2nd) for which his transfer is pending. Or
can he just need to submit the paper work for the approved H1-B(1st).
Also is there any record INS keeps about the number of H1-B transfer ?
If yes is there any implication of this on Green card process?
Originally posted by Ingo Pakleppa
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Posted via http://britishexpats.com
> Just got some more queries?
>
> While applying for H1-B Transfer with third company, do the person need
> to submit documents(H1 transfer Receipt notice) to INS , to show that he
> is working with the company(2nd) for which his transfer is pending.
Remember, the *person* files *nothing." Only a prospective employer can
file an H-1B petition.
The employer should attach a copy of the I-797 Receipt Notice for the 2nd
company, to show continuous maintenance of H-1B status.
It is not necessary to include proof of *employment* at the 2nd company,
because it is a matter of choice as to whether the person uses H portability
and begins working, or simply waits for the 2nd company's H-1B approval
notice before going on the payroll.
Or
> can he just need to submit the paper work for the approved H1-B(1st).
He could do this if he has continued to work for the 1st company right up
until the date of filing the H-1B for the 3rd company. However, I think it
is always a good idea to lay everything on the table with BCIS. They can
find out from their computers anyway, so the petition should be clear about
everything that is going on.
> Also is there any record INS keeps about the number of H1-B transfer ?
It's all in the computer databases.
> If yes is there any implication of this on Green card process?
There could be. The main thing is to ensure continuous maintenance of
lawful temporary status.