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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.

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

Oct 31, 2019 Recording of Free Community Conference Call (Every Other Thursday)

5 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics:

H-4 to F-1 status change || Employer-sponsored EB1A || Portability under 221(g) || Expedite EAD request on Financial Hardship || Multiple H-4 processing in parallel for dependent along with Primary dependent H-1 Visa || H-1B Transfer issues

USCIS Implements $10 Fee for H-1B Visa Registration

5 years ago By Chief Editor

WASHINGTON—U.S. Citizenship and Immigration Services today announced a final rule that will require a $10 non-refundable fee for each H-1B registration submitted by petitioning employers, once it implements the electronic registration system. The registration fee is part of an agency-wide effort to modernize and more efficiently process applications to live or work in the United States.

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Nov 14, 2019 Recording of Free Community Conference Call (Every Other Thursday)

5 years ago By Chief Editor

Immigration.com

Community Conference Call

Citizenship and Naturalization

Naturalization

Nonimmigrant Visas

Immigration Law

Green Card

Substantial transcription for video

Discussion Topics, Thursday, November 14, 2019

FAQs:

Can H-1B lay off 60 days grace period be taken only once or can it be taken multiple times?

If one H1-B extension is filed and pending, can transfer to a new employer be filed? Is this safe?

If I move to H4 and my H4 is pending for approval, can an H-1B be filed? Is this safe ?

Procedure and time to get a green card for the spouse of a green card holder

Can we apply 2 H-1B transfers while my extension with same employer is in process with different client? If the extension is denied, will other two transfers will be denied?

AC21 portability before 180 days

OTHER: I have my I-140 approved and it has been over 6 months. If I change my job, do I need to go through the entire I-140 process again? || Withdrawing N400 || TN visa derivative for boyfriend || Naturalization, absence of 6 months || Using old H-4 visa stamp || L-1 amendment || EAD delays || F-1 visa stamping || Receipt lost

Guestbook Entry for Anirban Mukhopadhyay , United States

5 years ago By Chief Editor

Name

Anirban Mukhopadhyay

Country

United States

State

Virginia

Comment

BEST LAW FIRM IN US FOR IMMIGRATION CASES -

I am working with Rajiv's office for past several years now. Rajiv's office handles my several H1 extensions and got me approval without RFE.

I filed my I-485 through Rajiv's office. There was government error which was impacting the processing of my case and it was put on administrative closure. Rajeev's office (Rajiv, Art and Heather) guided me to get through the problem and got the file re-opened in fastest way possible.

Both me and my wife like his no nonsense approach to the problem.

I believe Rajiv the best immigration lawyer one can work with.

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