Moving to new company before H1B Transfer is approved.

By: Shah Peerally Esq.

Caller: Recently my wife tried to her H1B visa from one company to another one she got a RFE, her employer is trying to answer the RFE but my question is by any chance could that not be resolved can she still work on her previous employer H1?
A: Ok let me ask you a question; did your wife already moved to that new company?
Caller: She wants to move, basically she is working for a client and she is consulting she want to move from one employer to another employer.
A: No no I know that what I’m asking is that, because in the AC21 as soon as you file the transfer you have the right to start working, did she start working for that company?
Caller: Yes, she started working already
A: Then you will have a problem to go back, because you will have kind of a lapse. What I usually recommend to people in such cases – if you are not sure your transfer will be approved, do premium processing and once approved then you move. The reason for that is because if it is not approved then you can just continue working for company A you don’t have to move to company B. In this case it might be a problem so I would advise you to give me a call in the office at 510 742 5887 and I might be able to give you some solutions but hopefully it will be approved and there would be no problem.