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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28733
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I have an approved H1B from Company A where I used to work,

Customer Question

Hello, my name is***** have an approved H1B from Company A where I used to work, I moved to company B up on receiving H1b transfer receipt notice. Now I would like to move to company C. My transfer with company B is still in pending, its been
4 months since I applied transfer. I would like to understand if the transfer to Company C at this situation is possible or not. I would like to understand what are the possible outcomes to make it possible.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Has your I-94 for Company A expired?

Judith

Customer: replied 1 year ago.
Hi Judith, this is Sujith again. You guided me few days ago on same topic. My I-94 is still valid. My company C applied H1 transfer last friday. Company C attorney saying I can start work with them once I receive the receipt notice. My company A visa has been rewoked. I have been mentioning my company C attorney over and over,She has been mentioning it is not an issue and suggesting I can officially start working with them up on receipt notice. Please advise me if it is ok to start with company C up on receiving receipt notice.
Expert:  Judith Ludwic replied 1 year ago.

Thank you for refreshing my memory. Your petition with Employer B is your bridge. Since A has revoked the petition there is nothing holding up the bridge for you to move to C because B is not approved yet and A is revoked.

My answer does not change. If B revokes their petition because you move to C then you are here without status because A is also revoked.

What will B do with their petition if you leave them? If they will leave their petition in place and it is approved then you have no problem. If they revoke their pending petition then you need to leave to get an I-94 for C if their petition is approved.

Judith

Customer: replied 1 year ago.
Hi Judith, thank you for your quick response. I am not sure what company B will do if I leave the company.
In case if I move to company C up on receipt notice, and company B revokes their petition, I have to leave country and come back with new I-94? Meanwhile I shall not work with company C , correct?
Expert:  Judith Ludwic replied 1 year ago.

I have to leave country and come back with new I-94?

That is correct.

Meanwhile I shall not work with company C , correct?

You can port to and work for C with B and C pending, but if B revokes then you will not get an I-94 for C if USCIS finds out B was revoked when they are deciding on petition for C.

JUDITH

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