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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108309
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have a few questions on H1B visa status

Customer Question

I have a few questions on H1B visa status
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year 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. So what are your questions?
Customer: replied 1 year ago.
I have an H1b visa with employer A and employer B has already applied for a transfer.Today is my last date & my next joining is on Monday meaninig there will be 5 days gap. How does this impact my status?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Why is your starting day on Monday? Is that what the LCA says and what the I-129 says or is that what your employer wants?
Customer: replied 1 year ago.
Employer B wants me to join on Monday (2nd May)... while Employer A has released me today itself...My H1B petition was filed by employer B yesterday itself...My I129 with employer A expires in sept'18
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I figured that, but what do the LCA and I-129 say are your start dates?
Customer: replied 1 year ago.
I129 with employer A started in Oct'15 and I am not sure about LCA
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
No. I need to know the LCA and I-129 for employer B. If you cannot tell me, then I can only give you a general answer and not a specific answer.
Customer: replied 1 year ago.
I really don't know about that... my offer letter with employer B states May 2nd as joining date so I guess that should be it
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
That's a shame. You need paycheck stubs to cover you until at least Friday, just to be safe. Will you be able to provide paycheck stubs up until Friday? Do you have a valid H-1B visa stamp in your passport? If you have an approval, is there any way that your new employer can put you to work immediately?
Customer: replied 1 year ago.
I think I can... In my employment contract of Company A, it's written that if it chooses to release me during my 3 weeks notice period (which ends on 6th May), it is entitled to pay me base salary for the remaining time period of the 3 weeks. If this cluase is followed I should be able to show a paystub for that period.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Then get those paycheck stubs to cover you until this Friday and you should be ok. If there is any issue, you can submit the paycheck stubs to show you were covered and thus there was no gap. 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. If you do not see any stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Your question thread does NOT close, so you can ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 1 year ago.
Just wanted to know, how much gap is acceptable?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Zero gap is acceptable. There used to be a 30 day grace period, but no longer. Though obviously weekends do not count. So this is why I say just get covered until this Friday. Let me know if you need anything else, but please do not forget to rate me positively. 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. If you do not see the stars or smiley faces, please at least leave a THANK YOU for me so I can let the administrators know. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello Micky. 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 1 year ago.
Hello. I'm just following up with you again to see how everything is going. Did my answer help? Please let me know. Thank you!

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