Transfer | Immigration.com

Aug 6, 2020 Recording of Free Community Conference Call (Every Other Thursday)

5 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Substantial transcription for video

FAQs: I-485 Pending Using EAD Consequences || H-4 EAD issues || FAQ: H-1B no notification of termination, 60 days grace period, etc. || Deadline to join new employer after H-1B transfer is approved ||

OTHER: DV lottery || Withdraw BALCA appeal, H-1B extension || H-4 EAD Starting business || Name error on I-140 || Green Card holding parents unable to travel || Traveling with existing L-2 visa || H-1B extension based upon pending green card || EB-1C priority date prediction || F-1 OPT withdrawing H-1B

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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.

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H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search

1 year ago By Chief Editor

Question details

I got laid off on H1B in my previous company but found and started a job in a new company within a 60-day grace period. Again, the current company has provided a notice period for layoff. Will I get a 60-day grace period again this time?

How easy it is to get a B1/B2 to find a job after a layoff.

FAQ Transcript

If you experience a layoff while on H-1B status, you receive a 60-day grace period. If you secure a new H-1B approval and face another layoff, you'll receive a fresh 60-day grace period. This applies to H-1B transfers and extensions. As for obtaining a B-1/B-2 visa for job searching after a layoff, while there's no official measure of difficulty, the approval rates appear to be consistently positive, with no reported denials.

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Concerns regarding nonpayment of wages and potential H-1B impact

1 year ago By Chief Editor

Question details

I arrived in the U.S. in the last week of May 2024, and despite innumerable requests, my employer has not run payroll for the weeks since my arrival. Could this pose any challenges for future H1B transfers, extensions, or I-140 processing? Is there a risk of scrutiny or denial due to this issue? If yes, could you guide how to mitigate this please?

FAQ Transcript

If your employer fails to pay you after starting your H-1B employment, it can pose challenges for future H-1B transfers. To address this:

File a complaint with the U.S. Department of Labor's Wage and Hour Division.
You can file online or by phone (search for "LCA complaint US Department of Labor").
This complaint serves as evidence explaining the lack of pay stubs during future H-1B transfers.
Employers must start paying when you're ready to work or within 30 days (if coming from outside the US) or 60 days (if already in the US), whichever is earlier.
Filing a complaint may help you recover unpaid wages and protect your ability to transfer your H-1B in the future.