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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28186
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I came to US in January 2015 through employer A on H1B

Customer Question

Hi, I came to US in January 2015 through employer A on H1B visa, and switched company (started working for) in Oct 2015 to employer B. Employer B has filed H1 transfer in June 2015 in normal processing. H1 transfer is still under "Case was received" status. It is now more than 11 months for visa transfer (usually it is taking about 8 months for normal processing as per USCIS website). Since it was taking too much time I asked my new employer to query the status with USCIS, and my employer informed me that my earlier approval from company A is showing status as "Intent to Revoke notice was sent" in Dec 30 2015. I have already started working with new employer since October 2015. Will it cause any issue for me since the transfer is not done yet and earlier approval is under Intent to revoke status?
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Judith replied 6 months ago.
Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.No since you ported while the petition for A was still valid it will not effect the Petition for B.You would only be allowed to work 240 days on the ported extension case for B from the date the petition for A was revoked.You should try to contact A and ask them if the petition was revoked and on what date the revocation letter states.On April 21, 2016, USCIS began allowing petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of status or change of employer to submit an inquiry after their petition has been pending for 210 days or more. This inquiry may be based on the petition being outside of normal processing times. Employers: If your Form I-129 petition has been pending for at least 210 days, you may submit an inquiry by calling the National Customer Service Center at 1-***-***-**** (TDD for deaf and hard of hearing: 1-***-***-****). When asking about your case status, please provide us with your original receipt number and specify that your case has been pending for 210 days or more.I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Customer: replied 6 months ago.
Thanks for your answer, My earlier employer is a consulting company who brought me here on the client letter C1 but I never worked for C1. My employer had me interviewed to other location through subcontracting and I am working there ever since. Even after switching to employer B I am still working for same company through sub contracting. When I asked my employer B he told me that for couple of such cases employees had to leave country after waiting for 240 days and finally USCIS revoking their visas or cancelling transfer request.. Since it is not my fault that employer A posted me on different client than originally got approval for... I want to continue working in US. Is there any way I can stay and continue working. Is there any way I can prevent myself to fall out of status.Currently I am working and having long term project.. Both my employers paid me every month and I have complete record of payslips and timesheets.

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