Immigration.com

Search

H-1B transfer: Managing multiple offers and timelines to avoid future green card complications

10 months ago By Chief Editor
Question details

I have accepted the first company’s offer, and it has filed for my H1B transfer. Now, I want to sign an offer from Company two and potentially join it. So, should I make the company speed up the process and delay joining the company in order not to get issues during the green card process? What if the company forces me to join?

 

FAQ Transcript

You can file multiple H-1B transfers simultaneously, and it's legal. Approval of one transfer doesn’t obligate you to join that employer, nor does it affect your existing H-1B status with your current employer. You can choose to join any employer whose transfer gets approved, provided all transfers were filed while you were in valid status with your current employer.

However, if your H-1B validity is close to expiring (e.g., within 6 months), later-filed transfers may require "bridge petitions" to maintain continuity of status. Consult an immigration lawyer to ensure proper handling and avoid complications.

 

Can L-1A holders or applicants also apply for the H-1B lottery?

10 months ago By Chief Editor
Question details

I worked in the US for the last 3 years on STEM OPT but did not get selected in the H1B lotteries. I returned to India in June 2024 and have been working with the same company since then. My employer plans to file my L1A visa petition after July 2025.

Can I also participate in the upcoming H1B lottery?

Would applying for the H1B affect my L1A petition?

Additionally, given that I have worked outside the U.S. for a year within the last five years with the same company, is it possible to transition from H1B to L1A status?

FAQ Transcript

Yes, L-1A holders or applicants can also apply for the H-1B lottery. Filing for H-1B will not impact your L-1A application unless there’s a discrepancy in the job descriptions for the two applications.

Additionally, if you’ve worked outside the U.S. for at least one year in a managerial role, you can transition from H-1B to L-1A later.

 

H-1B - Specialty Occupation

16 years ago By Chief Editor

We were recently retained to address a strange problem. An H-1 petition was approved, but the parties did not receive the approval notice for two years. The notice was apparently lost in the mail. They submitted an application for a duplicate approval notice, which also was issued and also lost in the mail. The employer then filed an application for an extension of status, which was granted without an I-94 attached to it.

Status
The case was approved by USCIS with the I-94 attached.

Nonimmigrant Visas

H-1B - Specialty Occupation

16 years ago By Chief Editor

The consulate revoked an H-1B in 1999. The client received notification of the revocation from USCIS in 2004.  In the mean time he was still working in USA.  We argued against these inconsistent and unconstitutional procedures and submitted an application for extension of his status in 2004.

Status
H-1B extension approved.

Nonimmigrant Visas

H-1B - Specialty Occupation

16 years ago By Chief Editor

We have filed no less than 200 cases where USCIS had denied the application or objected to an application based on the fact that the title and position did not require professional level employees.  So far, we have won almost all the cases we have filed on motions to reopen or as new filings.

Status
H-1B extension approved.

Nonimmigrant Visas

Law Offices of Rajiv S. Khanna, PC



5225 Wilson Blvd, Arlington, VA 22205

110 W. Johnson St, Suite 213, Staunton, VA 24401

Ph: (202) 909-1110

Copyright ©1993-2025, Law Offices of Rajiv S. Khanna, PC. All rights reserved.

IMMIGRATION.COM is a registered trademark of Law Offices of Rajiv S. Khanna, P.C.