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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 25063
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I was laid off by Company A in 3rd week of March. Company B

Resolved Question:

I was laid off by Company A in 3rd week of March. Company B hired me and filed my transfer application for H1B and I joined Company B mid of May. Then company C made me an offer in second week of June. Now my visa transfer with company B is in process however I intend to join C though I work for B for now for over a month. What is the option to transfer visa from B to C. Can the transfer be made from A to C or do I have to wait for company B's H1B decision before C can file transfer. Can I expedite H1B for company B on my own?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith replied 1 year ago.
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
Can the transfer be made from A to C
No you have to make the transfer to C using B as the bridge.
You can do that by using the I-797 Notice of Action fee receipt for B

or do I have to wait for company B's H1B decision before C can file transfer.
No you do not have to wait for the decision on B. However, if the petition for B is denied it collapses the bridge and the petition for C will not be approved. USCIS will not decide C until deciding B.

Can I expedite H1B for company B on my own?
No, only the employer or their lawyer can file the Premium Processinng request. That is the only way to expedite a petition approval.
Judith

 

Customer: replied 1 year ago.

Will revoking H1B application filed by B and filing a brand new application with C that will transfer A to C direct help. Is waiting for B's decision the only option. Is there any way this problem can be solved with safe and legitimate ways?

Customer: replied 1 year ago.

Will revoking application to made by company B and applying new and fresh by company C for new H1B help?


 


If company C files using company B's visa application fee receipt and I keep working for company B, till visa approval comes, will there be an issue in company B's approval since company C is filed a premium visa before approval of B?


 


If my application has reached in mid April, till when can I hear back on decision for B from USCIS?


 


What is the best option/advice in such a case? Safe and sure option.


 

Expert:  Judith replied 1 year ago.
A poor service rating is generally reserves for an expert who was rude or unprofessional with you. I cannot see where my complete answer to all your initial questions would fall into such behavior. I try my best to address completely a customers question and address every question raised which I did with your initial question:
Can the transfer be made from A to C
No you have to make the transfer to C using B as the bridge.
You can do that by using the I-797 Notice of Action fee receipt for B

or do I have to wait for company B's H1B decision before C can file transfer.
No you do not have to wait for the decision on B. However, if the petition for B is denied it collapses the bridge and the petition for C will not be approved. USCIS will not decide C until deciding B.

Can I expedite H1B for company B on my own?
No, only the employer or their lawyer can file the Premium Processinng request. That is the only way to expedite a petition approval.

I a happy to answer your follow-up questions but I first need to understand how I rated poor service so i can improve my answer to your new questions. Bear in mind, I have to take questions in the order received and some questions are very complex requiring research and I take all the time necessary to give each and every customer excellent service and value... I cannot take your follow-up questions out of order.

Judith
Customer: replied 1 year ago.

I am satisfied with your service but I was expecting more detailed answers and perhaps possible solutions or ways to go ahead. You were prompt and so were the answers- very accurate and correct. I have no doubt about your quality and would be happy to change it to highly satisfied rating. Tell me how do I do that and I will.

Expert:  Judith replied 1 year ago.
There may be some confusion about what experts are able to do for you. We cannot give advice or solutions. We can answer your questions in general terms and tell you what the procedures, policies and law are.
You would then be able to use that informtion for an informed discussion with your attorney on what they can do to solve your particular issues.

Will revoking application to made by company B and applying new and fresh by company C for new H1B help?

You cannot do that because you have left and and have to pay stubs to show you remained in status with A. Withdrawing Bs petition would collapse your bridge and assure the denial of the extension of the petition for C.

 


If company C files using company B's visa application fee receipt and I keep working for company B, till visa approval comes, will there be an issue in company B's approval since company C is filed a premium visa before approval of B?


USCIS may approve C but if it turns out down the line that B's petition is denied then you bridge was collapsed. USCIS has re-opened the petitions for C and revoked the I-94s based on you having been out of status as the result of having left A and B and B being denied.


If my application has reached in mid April, till when can I hear back on decision for B from USCIS?

There is no way of knowing for sure. USCIS may be investigating B for reasons you might have no knowledge of. They may have had an H1B employee file a complaint against them with the DOL, they may have hired a large number of H1Bs, they may use end clients and there might have been some issue with an end client. There could be a million reasons for the delayed approval and all out of your control and having nothing to do with you. I am just throwing out examples of issues that can come out with any case.

 


What is the best option/advice in such a case? Safe and sure option.

The safest action is to wait until B is approved before moving onto C.

Judith
Customer: replied 1 year ago.

Though I worked my last on 22nd March, my last pay stub with A is dated 10th May. I joined B on 13th May and I have worked at B just for 1 month. Does that change the dynamics in any way?


 


So if I am working for B till the time I get approval for B and company C files my H1 and awaits my decision B, will that affect USCIS's decision making about application B, just because they see another application following B. I do not intend to endanger B by filing C when working with B till I get approval.

Expert:  Judith replied 1 year ago.

Though I worked my last on 22nd March, my last pay stub with A is dated 10th May. I joined B on 13th May and I have worked at B just for 1 month. Does that change the dynamics in any way?

No, you have not been with A for over a month.

 

 

So if I am working for B till the time I get approval for B and company C files my H1 and awaits my decision B, will that affect USCIS's decision making about application B, just because they see another application following B. I do not intend to endanger B by filing C when working with B till I get approval.

No, in fact C can even file while Bs petition is pending. The issue is one of you being out of status if B is denied because you no longer work for A and B is your bridge.

 

Judith

 

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 25063
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith
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34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.