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HAMPSTEAD · GOLD CARD FIELD GUIDE

How long can my employer leave the transfer question open before I need my own answer?

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THE DIRECT ANSWER

Do not treat silence from the employer as a period of immigration protection. Identify actual employment, response and status deadlines with counsel now, then request a written position by a practical date. The published weeks description does not determine a transfer dispute or extend an existing status deadline. Put a date on the request itself. A written note asking for the company's position by a stated day creates a record of when you asked, which matters more than it seems once accounts of the same conversation begin to differ.

Timelines you control versus timelines you do not

Your notice period, your job search and your family's school year run on dates you can name. Case movement does not: visa availability under EB-1 or EB-2 and chargeability affect when an interview can be scheduled, and payment cannot guarantee a visa number or interview date. Decide now what you will do if your employer has still not confirmed a position in a month, and get counsel involved before that date rather than after.

Hypothetical example: a sponsored employee of a specialty food franchising group is told a transfer is being looked at, then hears nothing for a month. She writes asking for a position by a named date, receives no answer, and treats the silence as the answer — instructing counsel and starting a job search rather than waiting further. Deciding in advance what silence will mean converts an open-ended wait into a date you control.