H1B transfer ???

[balaji]

Hi ,
I got stamped on H1b with Company A. But I have approval of other H1b with Company B. I worked for some time with comany A and have paystubs. My contract got over with Client and Company A (American Consultancy) terminated me. Is it any problem to stay in US ? I thought that I can jump to Company B. I am worring that It would be illegal to stay in US. But I have valid visa until 2008. Please tell me what is your thoughts??

thanks,
balaji

[Murali]

Having a valid visa itself doesnt make your status.
If you no longer working for the company for which you hold approval and visa , you are subject to illegal stay , so best thing is find another company soon and file for H1 transfer.
moment you file for transfr , get the receipt you would be fine......

[balaji]

Hi Murali -
I already have H1B approval from Company B. Is it necessary to transfer my H1b ?

Thanks,
balaji

[ronline]

In most cases, u can work for the new employer if u have a valid I94 as well as H1 approval notice from USCIS. The USCIS would have sent u the I94 along with the new h1 approval notice.
The I94 determines current status and eligiblity.

Here are the rules that govern such cases.

Under AC21 portability rules:

AC21 105 -- Visa portability The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States;
(b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and
(c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition.

More information is available in the ac21 document on the uscis.gov website.

You may wish to confirm the above with an immigration attorney.

[mk1bk]

how much gap is allowed between jobs for a valid H1/I-94 holder..is it one month or two.

For example if I'm working for a company "A" and get an offer with "B" -they also have filed for H1 transfer but the approval has not yet come through.

If I stop working for company "A" before getting approval of H1 transfer..and there is a gap in employments....will it be considered illegal (I've valid I-94 for 2yrs).