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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105667
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Our employee came here on visa H1-. Then he switched company

Customer Question

our employee came here on visa H1-B.
Then he switched for another company because of higher pay.
His lawyer wrote him that this is Ok as long as he has leave of absence from my company, but I never gave him such leave of absence.
Please advise how to handle this case.
Thank you,
Stanley
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Up until when did you have him on payroll? And when did he file the H-1B transfer?

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

This is NOT ok if he as a gap in employment. So let's say he was on payroll with your company until January 15th and his new company filed an I-129 H-1B transfer petition for him January 20th. This gap will make him have to leave the U.S. to get H-1B visa stamping outside of the U.S.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Hello Stan. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!