QUESTION
Will it impact my H1b appeal case if I have a new job when I wait for the result?
Asked on Aug 31st, 2016 on Immigration - Colorado
More details to this question:
I'm now working for employer A with my full time CPT, A applied H1b for me this year but it was denied, we just submitted motion for reconsideration. Heard the appeal process could be 1 year long. If I transfer my CPT and work for employer B, will it impact my H1b appeal case? If new employer apply H1b for me next year, will it impact my H1b appeal case?
2 ANSWERS
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
As long as employer A continues with your motion for reconsideration, your H-1B matter would not be affected by your transfer of CPT and working for employer B. A petition by your new employer for H-1B status next year would also not impact your H-1B appeal case as long as the first employer is willing to continue.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Sep 30th, 2016 at 6:02 PM
Possibly. The H-1B petition belongs to the employer not you. Employer A may withdraw the motion to reconsider if you no longer work the company. You can read more about H-1B at http://myattorneyusa.com/work-visas.
Answered on Sep 01st, 2016 at 3:29 AM