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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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USCIS Reaches FY 2011 H-1B Cap

14 years ago By Editor

Jan. 27, 2011

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.

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Guestbook Entry for AMurad, United States

14 years ago By Anonymous (not verified)

Name

AMurad

Country

United States

Comment

It was a pleasure working with Rajiv's office on an H1 application for our employee. Though there was a considerable amount of paperwork required as a result of the increased diligence from DHS lately, we got good instructions with clear guidelines on what was needed at each step. Anna and Fran answered our questions very promptly and capably. They were also very careful to consult Rajiv on any legal opinions. I know Rajiv handles a lot of cases, but with the processes he has in place and attention his staff gave to this case, we might as well have been his only client. Thanks Rajiv, Anna and Fran.

Guestbook Entry for Siva Jonnalagadda, United States

14 years ago By Anonymous (not verified)

Name

Siva Jonnalagadda

Country

United States

State

ILLINOIS

Comment

Hi, I took consultation with Rajiv sir twice for my sister-in-laws immigration issue. The first consultation showed us the path to keep immigration status current. Also, the consultation gave lot of confidence and relived our stress. Rajiv sir is excellent in his knowledge and he is well prepared to answer our questions during the actual consultation over phone. I am very much satisfied with the consultation provided by Mr. Rajiv. I can clearly see there is a helping mentality rather than just a service. Rajiv sir is very professional and gave us one free consulation when we requested for paid consultation for few questions. He is very promt in responding to regular emails with specific question, ofcourse without any charge. Rajiv sir, Thank you very much for everything. Regards, Siva

Guestbook Entry for amol chokshi, United States

14 years ago By Anonymous (not verified)

Name

amol chokshi

Country

United States

State

Comment

I was having issues with moving from one company to another on H1B as the deadline was too tight and conflicting. Mr. Rajiv Khanna explained everything so well and in such a simple language that it made it very clear to choose proper path. He gave me more than enough time twice and that to within 48 hours. Thanks a lot Mr.Rajiv; your help was greatly appreciated. Thanks a lot to Mr.Khanna and his imm. team.

Guestbook Entry for Kalai Balamurugan, United States

14 years ago By Anonymous (not verified)

Name

Kalai Balamurugan

Country

United States

State

Comment

I am very happy with your services. I had a history of taking a break on my H1 and transferred my visa to H4. While I re-applied for my H1b through your office, I was really with your professionalism and the way you gathered information from my employer. I got the visa without any issues.I appreciate your work and would surely recommend to my friends.

DOL Publishes FAQs On H-1B, H-1B1 And E-3 Programs

14 years ago By Editor

The Department has posted new Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 Programs.

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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