QUESTION
Can I be technically on H1B for my employer?
Asked on Apr 16th, 2012 on Immigration - California
More details to this question:
I have a question regarding filing H1B (I-129) petition. I was on H1B visa[Employer A] from Oct 2011 till date and changed from old employer A to new employer B(New petition filed on 24 February 2012, Left Employer A on last day of work as 23 March 2012 Friday and joined my new employer on Monday March 26, 2012). A RFE is generated for new employer and I have same question regarding the same. Q1. Can I be technically on H1B for Employer A technically as I guess revocation takes time? Q2. Can I apply for new employer C (worst case measure or as an option) now as also processing is simultaneously going on for Employer B? I do have all paychecks from all employers and I presume that I was on proper Visa Status the whole time.Thanks,Ashish.
3 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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Best way to answer your question is to see the RFE and go through all the facts with you and most importantly figure out who you want to work for. I understand your desire not to be out of status and agree with that. You may call to schedule a paid consultation and I will go through all of this with you and help you decide what is best. Just because you get an RFE does not mean you will be denied and need to panic.
Answered on Apr 20th, 2012 at 1:41 PM
Immigration Law Attorney serving Long Beach, CA
at
Law Offices of Brian D. Lerner
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Assuming you were on properly H1B for the first employer, it is possible to file another H1B from a separate employer. Additionally, you should properly enter the RFE.
Answered on Apr 19th, 2012 at 3:18 PM
You are technically in H-1B status with employer A if they do not revoke your status. You should respond to RFE or let employer do that to see if the petition will be approved. You can have another employer C file a new petition for you but if there is an issue with the B petition, it is likely that employer C will also get a RFE.
Answered on Apr 18th, 2012 at 2:32 PM