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Can I Join My Old Employer If The H-1B Transfer Is Denied?

6 years ago By Chief Editor

Question details

I have an H-1B visa stamped from employer A and the employer B has filed my H-1B (Transfer visa) based on the H-1B petition visa from employer A. Now, my H-1B visa filed by employer B is on RFE and my employer A wants to file the GC based on my previously approved i-140 from employer C. Below are my questions:

1. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is approved? 
2. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is denied? 
3. In case my visa from employer B is rejected do I need to leave the country and come on the stamped visa which I have now? 
4. Can I ask employer A to file my Green Card even if my H-1B from employer B is rejected or approved without any issues or do I need to provide any visa documentation to employer A on my petition from employer B being approved or rejected?
Can I immediately file the Green Card with employer B (after joining the employer B office) if my visa from employer B is approved?

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Video Transcript:

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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F-1 “Cap-gap” Status and Work Authorization Extension Only Valid Through Sept. 30, 2018

6 years ago By Chief Editor

F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through Sept. 30.

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Guestbook Entry for Aruna Kumar, United States

14 years ago By Anonymous (not verified)

Name

Aruna Kumar

Country

United States

State

Comment

Work Done: H1B/H4 Can people contact me as a reference: Yes This is my 10th year H1B extension and Fran Fisher handled my H1B case. I consider my H1B extension as bit complicated. I had I140 approved notice from my previous employer and the extension was obtained based on this aproved I 140 from my previous employer. H1B extension was filed with premium processing. Because of Fran Fisher's and Mr. Khannas expertise and paper work... there was no RFEs and the petition was approved in 12 days.www.immigration.com is the best.

H-1B Fiscal Year (FY) 2011 Cap Season

14 years ago By Chief Editor

The H-1B Program

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.

For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models.

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USCIS Continues to Accept FY 2011 H-1B Petitions

14 years ago By Editor

U.S. Citizenship and Immigration Services (USCIS) announced it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption.

USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,600 petitions for individuals with advanced degrees.

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Guestbook Entry for Satya Harish, United States

6 years ago By Anonymous (not verified)

Name

Satya Harish

Country

United States

State

Comment

Mr Khanna provided great advice regarding my petition as it was complicated. We had to apply for an amendment while current H1B extension was pending. Mr Khanna made all the right arguments and we were able to get an approval. All along the process I've been working with Kalpana and Bharathi on regular basis and had calls scheduled with Mr Khanna when needed. They were very detailed and current in terms of documentation.
I would like to thank them once again and highly recommend "Law Office of Rajiv S. Khanna".

H-4 EAD Based Upon Prior Employers

6 years ago By Chief Editor

Question details

I am currently working with employer A on H-1B visa with I-140 approved for over 180 days. My wife is on F-1 EAD. I am planning to move her visa status from F-1 to H-4 EAD AFTER I join Employer B next month based on my approved I-140 from my employer A.

My questions are: 
1. Once I join employer B, will I be able to apply for my wife's H4 EAD based on approved I140 which I have from employer A? Can I apply both visa status change (F1 to H4) and application for H4 EAD concurrently? 
2. In other words, will changing my employer impact my wife's eligibility to get H-4 EAD based on my approved I-140 from previous employer? 
3. Can I change multiple employer based on I-140 approved from employer A? If yes, what if employer B has already started green card process (PERM)? 
4. If I get I-140 approved from employer B also then what will happen to I-140 approved with employer A?

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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Recording of Free Community Conference Call (Every Other Thursday), September 13, 2018

6 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Immigration Law

Green Card

Substantial transcription for video

Sept 13 Conference Call, Topics of Discussion

Travelling outside the US when H1 is pending, but already have a valid H1 and stamping, SEP-11-2018 USCIS PREMIUM STOPPAGE / NO MORE RFE'S ON OR AFTER SEP-11-2018

H-1 Numbers 13,600

14 years ago By Rajiv S. Khanna

USCIS reports that as of April 15, 2010, approximately 13,600 H-1B cap-subject petitions had been filed. They have approved 5,800 H-1B petitions for advanced degree professionals.

H-1 Numbers 9,525 (Vermont Service Center)

14 years ago By Rajiv S. Khanna

As of Monday, April 5, 2010, Vermont Service Center had received a total of 9,525 quota H-1B petitions. 6,791 were bachelor's, and 2,734 were advanced degree. All cases received before April 7, 2010, will get an April 7, 2010 receipt date. Those received on April 7, 2010 or later will have the actual receipt date. For those submitted for Premium Processing, the clock will start on April 7, 2010.