Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have a question regarding my H1B Visa transfer. So I have…

I have a question regarding...
I have a question regarding my H1B Visa transfer. So I have done a H1B transfer from Employer A to Employer B in November 06 2016. I have got RFE and Employer responded for the RFE and I got 1 more RFE on Specialty occupation and response is sent to USCIS, the case is still pending with USCIS and decision yet to be made.
So what do i need to do if the H1B gets rejected ? And Can I take another transfer to Employer C while the current application is pending with USCIS using my initial approved H1 with employer A?
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 1 minute by:
3/7/2018
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 112,027
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified

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.

Ask Your Own Immigration Law Question

Sorry for the delay. I just ask that if the news is not good 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.

You mean November 6, 2017?

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
No, Nov 6, 2016 is when the Initial transfer happened and the application is pending with USCIS after 2 RFE's. I have started working with Employer B on receiving the receipt number. The application is done no done on premium processing.
Customer reply replied 1 month ago
The Application is not done on premium processing.

Maybe you or your employer want to upgrade to Premium Processing. Everyone is having the same types of issues. It looks like the new administration is seriously trying to free up more jobs for U.S. workers, so they are being very strict on the H-1B. If you are denied, you have two choices, maybe 3:

1) You can file an I-290B within 30 days of denial to appeal or motion to reconsider/reopen, but keep in mind that while you can stay in the U.S. and possibly work (up to 240 days from the expiration of your I-94), if you are denied the I-290B, your unlawful presence will start from the date of your original denial of the I-129. If you reach 180 days of unlawful presence, you activate the 3 year bar that you cannot come back to the U.S. for 3 years unless you get a very hard to get waiver. It is 10 years if you reach 1 year of unlawful presence or more. The faster you leave the U.S., the easier it will be for you to prove to a visa officer in the future that your overstay was brief, reasonable and would not happen again.

2) You can leave the U.S. quickly (within 10 days or so) and apply for a new H-1B from outside of the U.S.

3) If your I-94 has not expired, you can make use of the 60 day DISCRETIONARY grace period to change status or find a new employer to file a new H-1B for you or even have the same employer file a new H-1B 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.

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
Hi Guillermo,
I am attaching my Initially approved H1 from Employer A and the 2 RFE's I have got from the Employer B. Please review these documents and see what would be the best option for me. My other question in the initial request is that, I am being offered with few other opportunities from different employers(Employer C). As my application is pending with USCIS and it has been more than a year I have stopped working with employer A. Can I still file a new H1B transfer to employer C while the H1B transfer with USCIS is pending from Employer B. Note: I have been working with employed B since H1B transfer as I can work with the receipt number.Thanks alot for the Response.
Pratap Raju.

Reviewing documents is an additional fee. I can look over them briefly if you like for no additional fee, but I doubt your options will be any different.

Ask Your Own Immigration Law Question

Has your I-94 expired?

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
My I-94 in the Initial approved H1B from Employer A is till 09/14/2019. I did not go out of US after My initial H1 approval. Can you let me know If I can initiate a transfer with a new employer now. Please let me know If I am going too detail on these questions. What would be the additional pay.Thanks,
Pratap Raju.

Yes, you can initiate a transfer to a new employer because your current I-94 has not expired. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Ask Your Own Immigration Law Question

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 112,027
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified
Guillermo J. Senmartin, Esq. and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Guillermo J. Senmartin, Esq. Your Own Question
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 112,027
112,027 Satisfied Customers
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

Guillermo J. Senmartin, 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

112,027 satisfied customers

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

< Previous | Next >

Related Immigration Law Questions
My I-94 /I-797 with previous employer A was valid till 15
HI Edward , My I-94 /I-797 with previous employer A was valid till 15 september 2017 , new employer B filed h1b transfer on 06/29/2017 but project did not start and I kept working with my prevoius emp… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
112,027 satisfied customers
FOR GUILLERMO Someone wanted to get their I-94 number for
FOR GUILLERMOHello sir. Someone wanted to get their I-94 number for the I-94 web site who arrived in July 2016 but for some reason it keeps saying no results found even though they enter the informati… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
112,027 satisfied customers
My I-94 is valid until this Saturday, and my lawyer is
My I-94 is valid until this Saturday, and my lawyer is preparing my O visa petition. Should I stay in the US until the application is filed and a decision is made (4 weeks), or leave before Saturday, … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I have a question about an I-94. The applicant came in
Hello. I have a question about an I-94. The applicant came in legally into the U.S. and was definitely inspected at the border when she arrived back in 2005. For some reason on the I-94 web site it sa… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Friend overstayed an ESTA for a month. The airline did not
Friend overstayed an ESTA for a month. The airline did not let him board the plane in Europe, when he was flying back. now his ESTA is cancelled, and he needs to apply for a B2 visa. Question: given t… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
112,027 satisfied customers
I came to the US 30 yrs ago as a visitor and overstayed. I
Greetings. I came to the US 30 yrs ago as a visitor and overstayed. I am now married and filing for AOS. I have 10 arrests btw 1998 and 2011 for minor offenses; all dismissed and sealed. Zero convicti… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Thanks for answering my question wrt to overstays being
For Guillermo) - thanks for answering my question wrt to overstays being re-admitted during Advance Parole. Another lawyer is now telling me that the Arabally memo ONLY addresses overstays, and the fa… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
112,027 satisfied customers
I am a visitor visa overstay (>1 year unlawful presence) and
Hello...I am a visitor visa overstay (>1 year unlawful presence) and I just today received my approval for my employment authorization (EAD) and advance parole, which I was able to apply for throug… read more
Expert James
Expert James
Doctoral Degree
11,989 satisfied customers
I want to enquire informational about overstaying for opt in
hi, i want to enquire informational about overstaying for opt in international student. … read more
Expert James
Expert James
Doctoral Degree
11,989 satisfied customers
Are you a real person? Can i reports a visa overstay? Can i
are you a real person? JA: Yes, I'm a bot. I make the process of talking to the lawyer more efficient and affordable by asking basic questions. What steps have been taken? Has any paperwork been filed… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,113 satisfied customers
Extend I-94. Texas. I have valid Visa stamped and Valid
I have valid Visa stamped and Valid I-797 petition. Just need to extend I-94… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I need to know how to rectify visa overstay in Malaysia.
I need to know how to rectify visa overstay in Malaysia. Everytime money is paid, nothing ever happens. They just keep asking for more money. … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Just asking about the I-94, I got it first time multiple
Just asking about the I-94, I got it first time multiple entries I-94 and second time single entry I-94 for the E2 visa. I just want to know the difference between both cases because I live in Niagara… read more
Expert James
Expert James
Doctoral Degree
11,989 satisfied customers
My H1B extension is rejected and I 94 is expired my employer
Hi My H1B extension is rejected and I 94 is expired my employer is saying I can stay If I file MTR but can't work! … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
112,027 satisfied customers
What is their law on overstaying a visa limit./ And no
no, and no problems with authoritys for my son there ,he just allowed his visa to expire thru oversight and his job involvement/ … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
If I-192 was filed and approved with some prior overstay of
If I-192 was filed and approved with some prior overstay of 3 years waived, how long is that valid? Is it something that could come up years later while traveling abroad and reentering the US?… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
112,027 satisfied customers
I have a friend that overstayed and the overstay van from
I have a friend that overstayed and the overstay van from the US will end in November 2018 we are marrying in a few days and wondering can he now come to the US as my husband? We are gay men marrying … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
112,027 satisfied customers
I overstayed my visa now I'm married and about to go for my
I overstayed my visa now I'm married and about to go for my interview what question will I be asked regarding my overstayed visa will it be a problem? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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