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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109645
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am holding H1B visa and my I140 has been approved last

Customer Question

I am holding H1B visa and my I140 has been approved last year. Now I am going to switch to a new company in a different state. Based on the information provided by the moving company, the estimated relocation time might take more than 2 months. So it seems there would be a gap between my current job and the start in the new company, just wonder if this gap will cause any problems for my H1B status and the green card application. Please suggest, thanks.
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello! My name is***** and I am a licensed attorney with more than 15 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 2 months ago.

Sorry for 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.

I assume you are doing an H-1B transfer?

Customer: replied 2 months ago.
That's right, I have received the H1B transfer receipt and am going to resign my current company.
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

When did you file the H-1B transfer and has it been approved yet?

Customer: replied 2 months ago.
It was filed on June 30, 2017. Currently we just received the receipt number and are still waiting for the paper copy of the receipt. As I know, it may take 6 month to get the H1B transfer case approved. But I am going to start the new job based on the receipt.
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Ok, but you can start working for he new employer as soon as the transfer petition is properly filed, so what are you concerned with?

Customer: replied 2 months ago.
Now I need to decide the start date in the new company. Because the relocation might take 2 months (4-6 weeks pre-moving notification and 2-18 days for shipment). If I resign my current employer on 7/29, I may start working for the new employer 2 months later. I am wondering if this could cause an issue as I am required to maintain continuous employment and USCIS may request this before concluding the H-1B processing. Thanks.
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Well, you are not supposed to have any gaps in employment. So you have to at least be on payroll from A or from B. If an RFE is issued, and they ask for proof of maintaining H-1B status, you are going to need to show them paycheck stubs. So your start date with the new company needs to be as soon as you finish with the current company. So either get A to keep you on payroll until you can start with B, or get B to start you on payroll early as soon as you leave A.

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 2 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!