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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108705
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My Employer applied for my H1 this year, but decision is

Customer Question

My Employer applied for my H1 this year, but decision is still pending from USCIS. Due to my personal urgency, I have to apply for premium processing. I explained my employer the situation. But they are saying they tried upgrading some of their employees' applications. But USCIS doens't accept that and returned their checks. My employer also said that they suspect that USCIS finds some issue in their company (possibly due to their bad old records from previous owner of the company) due to which they do not respond them for anything and do not process their application. So I want to ask you if that can be a true reason for USCIS to not process their applications? Also, if I change my employer now, can my new employer transfer my 'under review' application to their company and upgrade it to premium. Will that help me to move things fast in case I get hired at some other company or directly by my client? Will I require approval from USCIS for both employers' application in latter case or just the most recent employer's application should be approved?
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 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.

Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Sorry about the delay. How long has the current company been under new ownership?

Customer: replied 10 months ago.
I dont remember exactly. But he said they took over that company around 3 or 4 years back.
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Well, it is possible that if they had issues in the past that all of their cases could be audited. Are you offering to pay for the Premium Process service?

Customer: replied 10 months ago.
I am. But they told the same thing that it looks like their company is dealing with such issues.
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Well, you can insist that they try it and that you will pay for it because unfortunately, you are stuck with them since I assume this is your first H-1B, correct?

Customer: replied 10 months ago.
that's correct. It's my first H-1B. And How about a new hiring company transfer my H1 on them? What will happen? Only the new company's application will be reviewed by USCIS?
Expert:  Guillermo J. Senmartin, Esq. replied 10 months ago.

Like I said, you are stuck with your current employer. Why? Because you don't have an H-1B yet to be able to transfer and a new employer would have to file a whole new H-1B and since they ran out under the cap, they cannot. Yes, you will be cap-exempt if approved, but that's AFTER approval and AFTER you activate the H-1B. It happens all the time that people ask if they can get a new employer to transfer before their first H-1B is activated and they cannot. So you are stuck with your current employer unless you can find a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to the numerical cap. So insist with your current employer and pay for the Premium Processing. If they still refuse, then you will have to be patient and hope that you get the final approval. If you get approved, after you have worked for them for a few weeks, then you can get a new employer to file a transfer for you.

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.

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!

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