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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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H-1B for Recruiter Position

13 years ago By admin

A recruiting firm for accountants retained our services to file an H-1B petition for a recruiter. Typically, it is difficult to justify that the position of a recruiter qualifies as an H-1B level occupation. Our petition to USCIS argued, however, that even though recruiters do not generally qualify as a specialty level occupation, the present case is different because the beneficiary will be hired as an International Accounting/Finance Recruiter.

Nonimmigrant Visas

H-1B Visa

Profession/Occupation

Accountants and Auditors

Guestbook Entry for GS, United States

13 years ago By Anonymous (not verified)

Name

Country

United States

Comment

I recently got my H1B and all thanks to Rajiv, Jagbir and Anna. They give personal attention to the case and make sure that no single information is missing before filing the petition to USCIS. They went in to details of my case and cleared all my doubts. Jagbir and Anna were always there to answer my questions and even Rajiv took out time out of his busy schedule when I needed his opinion. I would like to thank Rajiv and his team for such a great work and would strongly recommend their services to anyone. Best Wishes!

Guestbook Entry for M P, United States

13 years ago By Anonymous (not verified)

Name

M P

Country

United States

State

Comment

I had taken an appointment with Mr Khanna to discuss my H1b transfer filing to a new employer. Unfortunately the day of the appointment I got a call from the potential employer stating they will not be going ahead with my employment because of the visa. During the call I told Mr Khanna about the update and he refunded my appointment fees without thinking twice for which I am very greatful. And I am going to use Mr Khanna's office for my future immigration needs.

Guestbook Entry for Siva K, United States

13 years ago By Anonymous (not verified)

Name

Siva K

Country

United States

State

Minnesota

Comment

Dear Mr. Khanna, Thank you very much for accomodating me with in your schedule to help me with my H1B, Employment and Workability status questions. You suggestion to contact the CPA has been very beneficial and in time. It is this aspect of your company, to direct people to the right resources to get the right answers, that is so very nice. It clearly shows that Immingration.com exists to genuinely help people to solve their issues and seek the best for them. Once again thank you very much for your help. Regards Siva K

Guestbook Entry for A Singh, United States

13 years ago By Anonymous (not verified)

Name

A Singh

Country

United States

State

Comment

I had an accident and am on disability while my green card adjustment of status application ( form I-485 ) has been pending for over 4 years. My I-140 had been approved about 5 years back but my case has been caught up in the visa backlogs at USCIS and Department of State. I wanted to know if there was any provision for help in the immigration laws, in case I am sent for long term disability or my employment is terminated before I receive my green card. I learnt that employment and disability are subjects to be discussed with a benefits or employment attorney. The only immigration benefits are via AC 21 or via a private bill. Also, that one should not loose the advance parole anytime while the AOS is pending. I want to thank Mr. Rajiv Khanna for his generosity with time and expert guidance. Over the phone I found him to have a very pleasant personality. he had me feel comfortable and didnt seem money minded at all.

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