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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3951
Experience:  Private practice in several areas, including immigration
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I have a question about H1B tranfers, i work with an

Customer Question

JA: Hi. What do you want help with?
Customer: I have a question about H1B tranfers
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: i work with an employer A on h1 b, i applied for h1b transfer to employer B
JA: Have you talked to a lawyer yet?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: nothing
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 9 months ago.

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Customer: replied 9 months ago.
Expert:  Judith Ludwic replied 9 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

I am experienced with H1B petitions. First, let's clarify there is no such thing as "transfer" in immigration law. There is petitioning to "change employers".

What are your questions about that process?


Customer: replied 9 months ago.
When I mean transfer, I was referring to petitioning. Question in Detail:I was working for Employer A on H1 B Visa for a year. I wanted to work for another Employer called Employer B. I provided my documents and the Employer B petitioned a H1 B for me.Now, I want to get back to Employer A as I feel that is a better fit. What documents would Employer A need. My concern is I have my H1 B petition from Employer B in progress and they start pay on the 45th day.So what would my Employer A need for me to get back to work for them as I am on H 1 B Visa.
Customer: replied 9 months ago.
All I have is my H1 B petition filed by the Employer B and I still do not have a pay stub with me. I thought about getting back to Employer A and wanted to know things required. Please provide some clarity
Expert:  Judith Ludwic replied 9 months ago.

This is common. The grass is not always greener.

Some additional information please.

Is your petition with A still valid and unexpired? They did not withdraw it?

You ported to B before the petition was approved. How long have you been working for B?

What was your last date of employment with A?


Expert:  Judith Ludwic replied 9 months ago.

Also, did you sign any employment contract with B that you would reimburse them for any visa expenses if you left their employment before a certain period of time?


Customer: replied 9 months ago.
Petition with A is still valid and not revoked.
Last date with employer A was Oct 7th. It has been 21 days since I began working for Employer B.
Yes I ported to B without approval, petition was in progress.No conditions I am aware of from Employer B for cost etc.
Customer: replied 9 months ago.
Any thoughts please

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