Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

I have a job till May 31st, and my company would be filling

Customer Question
for H1B withdraw on June...
I have a job till May 31st, and my company would be filling for H1B withdraw on June 1st.
I have another company that is willing to file for my H1B transfer within next 2 weeks.
Is there anyway I can stay in US for the gap of 2 weeks between employment filing.
Submitted: 1 year ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 18 minutes by:
5/28/2016
Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 119,441
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Once a termination of employment occurs, your H-1B status ends and there is NO grace period. Thus, you need to ask your prospective new employer to file an H-1B petition for change of employer (i.e. H-1B transfer) or you have to file for a change of status to another visa type, such as visitor visa, before your termination occurs. Once the H-1B transfer or change of status is filed, if the employer later notifies the immigration service of the termination or requests withdrawal, it generally would not impact your pending application or the immigration status.

If you do nothing and they do not file the transfer or you do not get a change of status filed before the withdrawal, you have to leave immediately as you would be out of status in the country and if you stay here out of status that could be used as grounds to deny the H1B transfer or change of status visa.

Ask Your Own Legal Question
Customer reply replied 1 year ago
If I file for change of status to stay legally in the country, would my new employer file for H1 transfer or he will have to file new H1B petition since I will be on a different status (e.g. B1,B2) ?
Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.

He would have to file a change of status and new H1b, instead of a transfer. But if you get terminated before he gets the transfer filed he is going to have to file a new petition anyhow.
Ask Your Own Legal Question
Customer reply replied 1 year ago
If I have two H1 transfer petition filed, would result of one impact the other?
Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Thank you for your reply.
The last H1b transfer would be considered the valid transfer and would essentially cancel out any transfer filed before it.
Ask Your Own Legal Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 119,441
119,441 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, 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

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

119,441 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I hired a credential teacher for the 2017-2018 school year
Hello, my name is Renee. I hired a credential teacher for the 2017-2018 school year to teach my 10 year old twins 5th grade. She began in August 2017 and the school year ends June 2018. She is an inde… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,867 satisfied customers
Tina.. I have been a hoome health care worker for an elserly
Hi Tina. My name is***** have been a hoome health care worker for an elserly woman for approx 4 years. She is abusive and agressive when she doesn't get her way. I have tried to quit 3 times and each … read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
I work for a private beach club and a member may sue club
I work for a private beach club and a member may sue club club carries 2 million on each gate attendant, bod is now accusing me and a coworker of falsley accusing member of VERY unruly conduct. our jo… read more
socrateaser
socrateaser
1,031 satisfied customers
We have a state contract to provide medical transportation
We have a state contract to provide medical transportation for medicare patients, a candidate applied for a supervisor role in our call center who is on the sexual assualt registry list, can we deny h… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
We are terminating our VP of Field Operations due to
Good afternoon, We are terminating our VP of Field Operations due to performance. We are providing a termination letter to the employee. I would like the letter reviewed, and would you provide guidanc… read more
Edward Young
Edward Young
Juris Doctor
44 satisfied customers
I have felony conviction from 1 year ago (I got sentenced to
I have felony conviction from 1 year ago (I got sentenced to 5 years probation). The conviction is for selling pirated DVDs on eBay (copyright infringement)I am currently on house arrest, but allowed … read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers
If asked by an employer to do a polygraph test should I have
If asked by an employer to do a polygraph test should I have an attorney present or notified prior … read more
socrateaser
socrateaser
1,031 satisfied customers
What are the steps for a legal termination of employment?
what are the steps for a legal termination of employment? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
I was fired after working on my job for more than 24 years.
I was fired after working on my job for more than 24 years. The reason I was fired because someone got some exspict photos off my phone. These photos was never shared by me but I didnt have a lock on … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
883 satisfied customers
Today at my work we had to work today was not told until end
Today at my work we had to work today was not told until end of shift on friday. Thee management said whomever did not show up they would be fired and that we would not get un employment. My question … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
I need some general counsel as my company has served me
I need some general counsel as my company has served me documentation asking me to leave my comany company … read more
Expert James
Expert James
Doctoral Degree
11,528 satisfied customers
My question is this I was terminated from job with ARCA as
My question is this I was terminated from job with ARCA as maintenance tech because I received three call ins from the 1-800 number on the back of the van which was my work truck in 17 months that I w… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
883 satisfied customers
My boss fired me yesterday after missing 3 days of work. Two
hello My boss fired me yesterday after missing 3 days of work. Two due to hurricane harvey and one for being out sick even tho I have a doctors note. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
883 satisfied customers
We own a small garbage collection company in Utah. One of
We own a small garbage collection company in Utah. One of our drivers was involved in an accident causing very serious injuries to the one other person involved. Our driver was not injured. He was giv… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
I've just been terminated from employment because of the
I've just been terminated from employment because of the following things. … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,961 satisfied customers
I am a teacher in NJ. At the end of July/Start of August, I
I am a teacher in NJ. At the end of July/Start of August, I signed a contract with a school district. The next day, another school called me and showed real interest. I went for second interview, and … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
883 satisfied customers
I'm an at-will employee. Am I legally required to give two
I'm an at-will employee. Am I legally required to give two weeks' notice when I quit? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I worked a seasonal job running a gift shop by myself. this
I worked a seasonal job running a gift shop by myself. this year I decided not to do it, it was becoming to much work for one person etc I gave a 3 month notice and was hired as a greeter at the front… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,437 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