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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109313
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have received my approved H1B extension approved (not

Customer Question

I have received my approved H1B extension approved (not stamped) in October 2016, which is valid until 3rd March 2019 but my employer have also filed an h1b amendment in normal processing due to client & location change with-in the same city on 5th Feb 2017.Note - Just to share that on 1st Feb 2017, I have also received my I-140 approved.I may need to go to India and comeback in near future... Now my question are:1>May I exit and reenter USA while my H1B amendment is pending? do you see any problem while going for stamping?2>As premium processing is stopped as of now then is it possible to upgrade case from normal to premium processing and if answer is yes then how would it be beneficial at this time for my case?3> May I transfer my h1b to some other employer, while my h1b amendment is pending? do you see any problem then please share.I want to get myself in approved status from all aspects as early as possible hence request you to please guide me on what would be the best way to get my h1b amendment approved as early as possible. either by h1b Transfer or Premium upgrade to h1b amendment processing.Please guide... thanks sincerely ***** ***** suggestions/guide.
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

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 4 months ago.

Sorry about the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

So you are saying that you do not have an H-1B visa stamp, and you are from India, where most H-1B stamping cases go into Administrative Processing that can take weeks or more, AND you now have an amendment pending and you are asking if you will have any issues to get stamping? You see where I am going with this?

Customer: replied 4 months ago.
No I am working at client side and I am in Omaha NE USA only... but I may plan to go to India in next couple of months...As I informed the same before asking my question "I may need to go to India and comeback in near future... Now my question are:"
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

I know what they are, but do you understand that most H-1B cases that go for stamping in India are placed into Administrative Processing that may take weeks or more to get your visa with no guarantee? AND because you have a pending amendment, they may make you wait until that amendment is approved before stamping you?

Customer: replied 4 months ago.
I explained my current status/situation in message before asking my questions hence request you to please go through carefully and then please suggest your best answer...
Customer: replied 4 months ago.
what about these concerns?1>May I exit and reenter USA while my H1B amendment is pending? do you see any problem while going for stamping?2>As premium processing is stopped as of now then is it possible to upgrade case from normal to premium processing and if answer is yes then how would it be beneficial at this time for my case?3> May I transfer my h1b to some other employer, while my h1b amendment is pending? do you see any problem then please share.
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Ok:

1>May I exit and reenter USA while my H1B amendment is pending? do you see any problem while going for stamping?

I see that you will need H-1B visa stamping. I see that most H-1B visa stamping cases in India are placed into Administrative Processing that can take weeks or more with no guarantee of stamping and I see that because you have an amendment pending, your case is more likely to be placed in Administrative Processing and they will probably make you wait until the amendment is approved before they stamp you and that could take months. So yes, I see a problem with you getting stuck outside for at least a few weeks or months.

2>As premium processing is stopped as of now then is it possible to upgrade case from normal to premium processing and if answer is yes then how would it be beneficial at this time for my case?

It will be possible AFTER they start Premium Processing up again. At this point, no one know when that will be.

3> May I transfer my h1b to some other employer, while my h1b amendment is pending? do you see any problem then please share.

Yes, you may transfer your current H-1B to a new employer without worrying about the amendment as long as the H-1B transfer is filed BEFORE your current I-94 expires.

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 4 months ago.
34;3> May I transfer my h1b to some other employer, while my h1b amendment is pending? do you see any problem then please share.Yes, you may transfer your current H-1B to a new employer without worrying about the amendment as long as the H-1B transfer is filed BEFORE your current I-94 expires"I heard that USCIS can issue RFE for new H1B transfer (new employer) due to pending H1B amendment with current employer... is it true then what would be best path to move forward?How long will H1B premium processing be stopped?
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

It is possible that an RFE can be issued because they may want to see that you were maintaining valid H-1B status at the time that the amendment was filed and unfortunately, as I said in my initial answer, no one knows when they will reinstate Premium Processing.

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

Customer: replied 4 months ago.
is it safe to join new employer based on H1B transfer receipt number on regular processing?
Customer: replied 4 months ago.
34;RFE can be issued because they may want to see that you were maintaining valid H-1B status at the time that the amendment was filed"ok but in this case then what should be the best response to RFE? because that is true that we filed h1b amendment and transfer both
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

I routinely tell my clients to make changes as little as possible because the more times you give USCIS a chance to look into your case, the worse it is. Is it "safe", I would say not entirely, no, but I understand that sometimes changes in jobs are necessary due to better opportunities, better salary, etc. So do it if you feel confident that both you and the petitioning employer fit squarely into the requirements.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Customer: replied 4 months ago.
request you to please offer me a call at $5, if possible then I would like to talk to you to get more confidence with my steps to move forward
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

I think not. Why? Because of this:

http://professional.justanswer.com/chat/index/151c8c460f21426db829b6fccbe09947

I was never compensated for that.

And this:

http://professional.justanswer.com/chat/index/5b9e7e28e02b4d64b43e25013da0dd88

And you asked for a refund of the phone call. So why should I trust that you won't do the same?

Customer: replied 4 months ago.
ok... if you say that RFE can be issued on h1b transfer due to pending h1b amendment then let's say new employer has a valid client letter and other things then need a suggestion on what should be the best response to get it through in regards ***** ***** amendment?09 May 2017 08:16
"RFE can be issued because they may want to see that you were maintaining valid H-1B status at the time that the amendment was filed"ok but in this case then what should be the best response to RFE? because that is true that we filed h1b amendment and transfer both
Customer: replied 4 months ago.
I am unable to access both the provided links..."http://professional.justanswer.com/chat/index/151c8c460f21426db829b6fccbe09947
http://professional.justanswer.com/chat/index/5b9e7e28e02b4d64b43e25013da0dd88"
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Well, the first had to do with this:

I have 14+ years of IT development & managerial experience at offshore (India) & USA from my L1 Company (A) and currently working on H1B with Company B.
Now I got an offer from Company C for a managerial role and just to update you that Company C used to be and still a contractor for Company A.
I would like Company C to file my green card in EB1 (C) category based on my managerial experience at offshore & onshore from previous company (A) for which company C is still treated as one of the contractor vendor.
My son is already 14+ years and can't wait to file my green card in EB2 because I heard that EB2 takes around 8-10 years to get the green card and by that time it looks like that he will be age out for the green card.
Hence EB1 filing is must required for me at this stage to get my son the green card on time. I have already asked Company C to get me back on this and still waiting for their response.
but in the meanwhile, I wanted to check for a legal advice from you to know the ways to get my green card filing in EB1 (c) category. Please help me this and I will be very obliged to you for helping me on this.

You disappeared and put in for a refund and I was never compensated for all the information I provided to you.

The second one was this:

I have one query: Actually I joined my first H1B company (A) assignment on 18th April 2016 but have not yet been given any paystub... in the meanwhile I got another offer from another company B and filed H1B transfer with premium processing... I joined company B assignment today but I received RFE as well today... is it possible for me to go back to continue working with my company A assignment as I have not yet resigned there officially?
Please help me to get out of this mess due to this 1 day working on company B assignemnt?

And we spoke on the phone and you asked for a refund of that one too. So I am not sure I want to spend anymore time helping you if you are just going to keep asking for refunds. That is not fair to me because I do not get a salary to be here. I hope you understand, but I'm sure you do not like to work for free either. Sorry.

Customer: replied 4 months ago.
Please respond to this...ok... if you say that RFE can be issued on h1b transfer due to pending h1b amendment then let's say new employer has a valid client letter and other things then need a suggestion on what should be the best response to get it through in regards ***** ***** amendment?09 May 2017 08:16
"RFE can be issued because they may want to see that you were maintaining valid H-1B status at the time that the amendment was filed"ok but in this case then what should be the best response to RFE? because that is true that we filed h1b amendment and transfer both"
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Why would I respond if you are just going to keep asking for refunds? What I can do is forward you on to an administrator so you can discuss with them how this website works as I am not sure that you understand it.

Customer: replied 4 months ago.
there were problem with previous answers to my questions... and it is based on my satisfaction... and there are examples as well where I didn't ask for any refund and provided you good feedback as well...but now I don't want to discuss previous questions or discussions with you... I need a response in regards ***** *****'s question only. hence request you to please answer that if not then it's your wish... and I would like to repeat my question 3rd time..."ok... if you say that RFE can be issued on h1b transfer due to pending h1b amendment then let's say new employer has a valid client letter and other things then need a suggestion on what should be the best response to get it through in regards ***** ***** amendment?09 May 2017 08:16
"RFE can be issued because they may want to see that you were maintaining valid H-1B status at the time that the amendment was filed"ok but in this case then what should be the best response to RFE? because that is true that we filed h1b amendment and transfer both"
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Yes, I was compensated for 1 and a half threads, it seems and I was not compensated for 3 others. If you were me would you go forward? Why? My time is limited and I can help others that are willing to compensate me and are even waiting on me right now.

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

You let me know if you think I should go forward with you and why? Please put yourself in my position. Thank you for your understanding.

Customer: replied 4 months ago.
if you were aware then you should not have accept my question and should have let other lawyer to answer my question... I was not asking now any phone call from you and was asking you to answer my question here on chat window... my question is on based on your response to my today's question... if you would like to answer then answer else I will also discuss with administrator and request them going forward not to assign my future question to you."if you say that RFE can be issued on h1b transfer due to pending h1b amendment then let's say new employer has a valid client letter and other things then need a suggestion on what should be the best response to get it through in regards ***** ***** amendment?09 May 2017 08:16
"RFE can be issued because they may want to see that you were maintaining valid H-1B status at the time that the amendment was filed"ok but in this case then what should be the best response to RFE? because that is true that we filed h1b amendment and transfer both"
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

No. You asked me for a $5 phone call request which made me suspicious and then I checked your history and I have seen that you have not been willing to compensate me. I ask you again, DO YOU LIKE TO WORK FOR FREE? I understand that you have to be satisfied, but I gave you very good and correct information. That it did not resolve your problem is not my fault because I did not write the laws that limit what you can and cannot do. So unless you are going to be reasonable with me and make sure that I am compensated for TRUTHFUL and HONEST answers and not whether it is good or bad news for you, then I will use my valuable time somewhere else. Please let me know.

Customer: replied 4 months ago.
I understand the process of just question and I share my feedback based on your response to my question, my experience with you and level of satisfaction...I don't come here to argue with you...if you have any question then check with justanswer.com administrator... it seems that you are not willing to answer and would like to argue only...now I don't need any answer from you and will take it to the administrator.
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

My friend, I have the best customer service rating of all the active immigration experts. I am a licensed and practicing attorney for over 15 years. I have student loans that I have to pay because of the extensive schooling that I have done. I am not afraid that you go to the administrators. I have done nothing wrong. I have only tried to point out that you have been unreasonable to me in the past after I have faithfully answered all of your questions. When I finally stand up for myself, you have a problem with it. I answered your original questions on this thread. You have follow-up questions and that is fine, but I am not willing to risk anymore of my time unless you are willing to be reasonable with me to make sure that I am compensated for truthful and correct answers, not answers that make you happy. Most immigration law in the U.S. is difficult and people are rarely happy. Satisfied does not mean happy. Satisfied means that I have given you correct and truthful answers and I have. I just want you to understand the difference because you have been very unfair to me. Good luck.

Customer: replied 4 months ago.
I generally don't want to argue on the same and also don't believe to report to the administrators... based on my experience I have given earlier ratings but if you feel that you can only answer after getting better rating from me... you should have said this before even answering or accepting my question...this is urgent for me to know if you could answer to my above mentioned question then will provide you good rating with a hope that I don't need to argue with you in future and look forward to have a better relationship/better response from your side.I am asking you this question again that if you say that RFE can be issued on h1b transfer due to pending h1b amendment then let's say new employer has a valid client letter and other things then need a suggestion on what should be the best response to get it through in regards ***** ***** amendment?09 May 2017 08:16
"RFE can be issued because they may want to see that you were maintaining valid H-1B status at the time that the amendment was filed"ok but in this case then what should be the best response to RFE? because that is true that we filed h1b amendment and transfer both"
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

My friend, the problem is this, you have a bad track record. You have 8 posted questions and supposedly 5 accepted and rated answers. Then later, you asked for a refund of 2 of those. This means you have less than a 50% satisfaction rate. I try my best, ***** ***** do, but since I do not receive a salary to be here, it is not reasonable for me to spend lots of my time answering the many questions that I am sure you will have with a less than 50% chance that I will be compensated. I am sure that you would not go into work if there was less than a 50% chance that your boss will compensate you. Would you? I am just afraid to spend too much time here and then either you do not leave a positive rating, you leave a negative rating or you leave a positive rating and then ask for a refund. You think that is unreasonable for me to believe?