Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am a Software test engineer. I recently switched job in…

Customer Question
Hi. I am a Software...
Hi. I am a Software test engineer . I recently switched job in H1-B from company A to B. I started working while the H1-B transfer was in process (received the receipt notice). Last week I received a RFE notice and it is a long document where USCIS have asked for more evidence on my Company's (B) work and also a series to questions on if i have the right skills for the current job description.
I am trying to find the best option to reply to this RFE.
1) While the attorney from Company B is currently handling the case, I am not sure if I want to be going ahead with them for replying to this RFE since I feel they didn't do a good job in preparing my initial transfer petition application well . Do you think it would be a good idea to switch attorney?
2) Another company C is willing to hire me. Are there any issues of company C initiating a transfer process at this point in time?
Submitted: 2 years ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 14 minutes by:
3/2/2016
Immigration Lawyer: Law Educator, Esq., Immigration Law Answer Team replied 2 years ago
Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 124,360
Experience: Immigration Law Expert
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
No, it is not a good idea to switch attorneys. You need to get the current employer attorney who started the process to respond to the RFE with the additional evidence. Switching attorneys is not only costly, but the company attorney has the best information regarding the position requirements, job duties and how your skills fit into the position.
If you want to move to another company, you can do so and they would have to file a new h1b as employer B did and once you receive notice of receipt you can move to employer C as you did with employer B when you left employer A. It is really not a transfer, even though they call it that, as employer C has to fill out and file a new H1b application for you. You can do that before this employer B process is complete if you choose to do so.
Ask Your Own Immigration Law Question
Customer reply replied 2 years ago
Thank you for your valuable suggestion. On your answer to my second question on initiating a H1-B transfer by employer C, are there any potential reasons/risks for rejection by USCIS since there is already an RFE on my application with employer B.How does that work?
Immigration Lawyer: Law Educator, Esq., Immigration Law Answer Team replied 2 years ago
Thank you for your reply.
No, there really is no risk to apply through Company C, it is up to them to satisfy USCIS that you meet the criteria and qualifications for the position they are hiring you for, just like it was up to Company B to do so. Even with the RFE from Company B, Company C can still file the application.
Ask Your Own Immigration Law Question
Customer reply replied 2 years ago
Thanks again. I just have the H1-B receipt notice from Employer B and the RFE document from employer B. Is there any other special document I would need from company B that would help in initiating this H1-B transfer from Employer C. I am asking this because I found somewhere that there is something called a bridge petition and this will require me going back to my home country and getting the Visa stamped before joining employer C with my approved visa. Is that how this works?
Immigration Lawyer: Law Educator, Esq., Immigration Law Answer Team replied 2 years ago
Thank you for your reply.
No, there is nothing else necessary. The bridge petition is not required if you are C is going to do this before your other visa expires even while the B visa is pending with the RFE. Of course, it is less complicated to let B clear up the RFE first and then move to C, but it is not required.
Ask Your Own Immigration Law Question
Customer reply replied 2 years ago
I am not sure if I understand this part. What is a bridge petition? The employer A has a visa expiry of 2018. So when C tries to apply for H1-B transfer will they use the H1-B approval notice from employer A? My understanding is that they wont be needing any document from employer B. Also have been working for employer B for the past 1.5 months while the H1-B transfer petition is pending? Is it still ok for C for file the transfer petition from employer A.
Immigration Lawyer: Law Educator, Esq., Immigration Law Answer Team replied 2 years ago
Thank you for your reply.
If your visa is not expiring, the bridge petition is not necessary. They do not need anything from employer B on employer C's application for your H1b. You can work for B once they filed your petition for the H1b, before final approval. Similarly you can work for C as soon as they file the H1b petition and get notice of receipt before approval.
Ask Your Own Immigration Law Question
Was this answer helpful?
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 124,360
124,360 Satisfied Customers
Experience: Immigration Law Expert

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

48,466 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
FOR GUILLERMO I have a question regarding the signature
FOR GUILLERMOHello sir.I have a question regarding the signature portion for an I-130a pertaining to an I-130 petition for spouse being made by a U.S. citizen.1. We were told that since the beneficiar… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
A person just has been granted witholding of removal by
a person just has been granted witholding of removal by immigration Judge. At start of witholding removal proceedings (several years back) the person posted bail and was required to wear ankle bracele… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am an employer and we found someone for our H2A visa but
I am an employer and we found someone for our H2A visa but cannot get answers from the gov on what to do. The person is from Mexico. The H2A has been approved but no one can tell me how he applies. Do… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
Wife, citizen of Mainland China, has a card for USA. Wants
Wife, citizen of Mainland China, has a green card for USA. Wants to visit Taiwan. Visa requirements and procedure, please? … read more
Expert James
Expert James
Doctoral Degree
12,120 satisfied customers
My wife and two stepchildren (all card holders CR-1 and
My wife and two stepchildren (all green card holders CR-1 and CR-2) are in the Dominican Republic for a few weeks with her family. My wife's mother is now quite sick and my wife needs to remain in the… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
How is the information on the I-9 form retained at USCIS? Is
How is the information on the I-9 form retained at USCIS? Is it cataloged thru the social security number or your d.o.b?… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I have questions with related to h1b visa. I changed job on
Yes I changed job on h1b with receipt no To the new company But the petition got denied How long can I stay here before moving back to my country … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I have Canadian/American dual citizenship and was wondering
Hi, I have Canadian/American dual citizenship and was wondering about cross border travel. My husband (Canadian) and I currently spend our winter months in Florida. I am curious about what issues I mi… read more
Expert James
Expert James
Doctoral Degree
12,120 satisfied customers
I'm not sure where I am suppose to file my husband's eoir42b
Second opinion] hi i'm not sure where I am suppose to file my husband's eoir42b form? we are in Houston,tx … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I just received an I-797 for work authorization. I would
Hi - my name is ***** ***** I just received an I-797 for work authorization. I would like to ask a few questions over the phone to an immigration lawyer… read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
178 satisfied customers
I have got my H1B petition approved by my employer A from
Good Evening, I have got my H1B petition approved by my employer A from India in Nov 2017. Due to personal reasons I was unable to join the employer by that time.Later in March'18 I travelled to US in… read more
Expert James
Expert James
Doctoral Degree
12,120 satisfied customers
Husband was recently detained and currently at Farmville, VA
Husband was recently detained and currently at Farmville, VA detention center. Wife is also an illegal but the couple has a 1 year old son who was born in Virginia. Wife wants to visit husband but is … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I have questions regarding filling out the i 539 form for
Hi I have questions regarding filling out the i 539 form for change of statusfrom J1 to H4 … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I received my divorce decree and there is a clause in there
Hello,I received my divorce decree and there is a clause in there that seems to be a bit ambiguous to me. The thing is that we agreed that the house we have in my country will stay with me and that my… read more
Expert James
Expert James
Doctoral Degree
12,120 satisfied customers
I have a question about my H1B status. Not yet. Here is my
here is my situation I got laid off from the company A last year may end 2017 and joined the another company B same year next month (june 1st). I had a RFE in the month of October and company replied to that one But my H1-B transfer got denied on April 4th 2018 and I lost my job. From that day I am on my 60 day grace period( no pay ). Now the company A wants to hire me back.The petition from the company A is still active.… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
MET A LADY ON LINE IN BRAZIL, SHE IS PAYING FOR HER END WHAT
MET A LADY ON LINE IN BRAZIL, SHE IS PAYING FOR HER END WHAT IS IT GOINGTO APPROX. COST ME FOR A MARRIAGE VISA...? SHE HAS A PASSPORT AND TRAVEL VISA ALREA FOR VACATION BUT NOT TO USA... … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I am on F1 visa and on OPT. My EAD expire in 75 days.I also
I am on F1 visa and on OPT. My EAD expire in 75 days.I also applied for NIW green card and my I140 has been approved. I would like to submit I485 but I know it is very unlikely that I get my new EAD c… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
When applying for an L-1 (A/) visa, is it necessary to
When applying for an L-1 (A/B) visa, is it necessary to deduct time spent in the US (ESTA VWP) on vacation/short work trips from the requirement that you work for parent (foreign) company entity for 3… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x