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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105132
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am having some questions regarding my h1b transfer premium

Customer Question

JA: Hello. How can we help?
Customer: I am having some questions regarding my h1b transfer premium processing
JA: What state are you in? It matters because laws vary by location.
Customer: i am VA
JA: Has anything been filed or reported?
Customer: Premium processing already done I have receipt number also in place
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know If my h1b transfer got denied can I be able to transfer to some other empolyer
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Hello! My name is***** and I am a licensed attorney with more than 14 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.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

When does your current H-1B expire?

Customer: replied 1 month ago.
I am having my current h1b is valid upto 12/12/2016, Now my question is I have applied my h1b transfer with premium processing and got the receipt number as well, Now the company is forcing me to join with the receipt number So I just want to know If in case my h1b transfer got denied what is the posiiblity of applying with new employer
Customer: replied 1 month ago.
Can I stay here in usa with my existing h1b and transfer to an another employer
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Would you be able to go back to your original employer?

Customer: replied 1 month ago.
What if I case I am able to go to my original employer and not able to go with my original empolyer
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

If you can go back with your original employer, then you are safe. You can continue with them or you can transfer from them to someone else. If you cannot go back to your previous employer, then any new employer that files for you can get the petition approved, but not a transfer. So you would have to leave the U.S. to go for new H-1B visa stamping to come back. You cannot use a previous H-1B visa stamp because once you are out of status even one day, that visa is automatically invalidated. If you do have a previous H-1B visa stamp, you may be able to go to Canada or Mexico for stamping.

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! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 1 month ago.
Means If my visa got denied even though some new empolyer is ready to transfer my h1b, I need to go back to india and come after the stamping done
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Yes, correct because you would have no H-1B status to transfer from.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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