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what should I do?

Sid94587

Member
Jan 9, 2018
17
0
Got H1b last year and got it stamped and it's valid until 2022.

Lost my job to covid, found one at the last moment, 2 layers of contract and employer did a visa transfer under normal processing. I had my PR so I came to Canada after 2 weeks of joining the new work (informed everyone, employer and the 2 layers). At this employer (say Emp A), everyone is working from home.

Now I interviewed for a full time employer( say Emp B) in USA and got the job. They say we have no problems transferring your H1B and you can continue to work from Canada until next year when their office opens.

1) Now what is the complication in the visa transfer, can it happen while I am in Canada?
2) My COS for Emp A is still pending and IDK if they updated my location to USCIS or not.
3) I have my I797c, salary slip and stamped h1b from emp A.

As I wait for the background check to run, should I go back to the US?
 

harirajmohan

VIP Member
Mar 3, 2015
6,156
1,660
Category........
Visa Office......
Sydney, NS
Job Offer........
Pre-Assessed..
App. Filed.......
29-May-2015
Doc's Request.
30-Dec-2015 ReminderEmail(PCCs, NewPassport via cse 31-Dec-2015)
Nomination.....
SK 22-Apr-2015
AOR Received.
11-Aug-2015
Med's Request
23-Dec-2015
Med's Done....
20-Jan-2016
Passport Req..
26-May-2016 (BGC In Progress 25-May-2016)
VISA ISSUED...
PP Reached Ottawa:27-May-2016, Received:10-Jun-2016
LANDED..........
PR: 09-Jul-2016, PR Card: 17-Aug-2016
Got H1b last year and got it stamped and it's valid until 2022.

Lost my job to covid, found one at the last moment, 2 layers of contract and employer did a visa transfer under normal processing. I had my PR so I came to Canada after 2 weeks of joining the new work (informed everyone, employer and the 2 layers). At this employer (say Emp A), everyone is working from home.

Now I interviewed for a full time employer( say Emp B) in USA and got the job. They say we have no problems transferring your H1B and you can continue to work from Canada until next year when their office opens.

1) Now what is the complication in the visa transfer, can it happen while I am in Canada?
2) My COS for Emp A is still pending and IDK if they updated my location to USCIS or not.
3) I have my I797c, salary slip and stamped h1b from emp A.

4) As I wait for the background check to run, should I go back to the US?
1. No complication. Lot of people(except people who came on student/dependent/other visa) got their first H1 while being in home country, went for stamping and entered US. Seems you did not come to US first time on H1 hence you are asking on it.
2. Petition A and Petition B are independent. Multiple concurrent petitions can be there with uscis.
3. You have those. So what?
4. What background check? runs by who? uscis?
Are you asking if you can enter US because you have H1 receipt(mentioned in #3) and h1 is pending with uscis? No, you cant enter. Wait for approval from A or B and then travel.