Legal Question in Immigration Law in California

Re: Changing companies while my H1 visa application is pending.

Yes, but I wouldn't recommend it if you are not sure you'll work for both at the same time. The total number of hours of work must make sense. If you filed for two full-time jobs, that probably wouldn't make sense without some explanation. Part-time employment at one or more employers is acceptable. A person could have a full-time and part-time position(s), depending on the number of hours involved. If two petitions are approved, in the future the fact that there would have been two reflects in the system. There is also a possibility of filing the second case with a ranger of work hours. If it doesn't make sense in terms of numbers of hours and/or you won't work for Company A, then that petition should be withdrawn, nevertheless, withdrawal causes its own uncertainty as well and should not be embarked on without fully understanding the risks. The first pending application could increase the chances of denial of the second petition in unpredictable ways, to less of an extent with a petition without a change of status, assuming you qualify. It doesn't matter what shows in your records and what doesn't. What is represented to the government in the future must be true to representations in the past, otherwise, discrepancy can indicate less than truthfulness and with fraud a focus of the Immigration Service today, orientation of what shows and what doesn't really doesn't matter. You will be asked about prior petitions in the future and the pending petition within their system must be revealed. It doesn't matter to the future of your immigration how many petitions you've had filed, unless the sheer number raises suspicion (after all, how many employers can a person work for?). So there's no sense at all in not disclosing prior petitions.

There is a way to handle your case to successful conclusion if prepared properly.

I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don't rely on this as legal advice.

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436

EM: [email protected] WEB: http://www.yardum-hunter.com

A �Super Lawyer� 2004 � 2009, Los Angeles Magazine

Re: Changing companies while my H1 visa application is pending.

Dear Inquirer:

You may have two separate offers of employment. As long as visa numbers are still available for the second petition when you file, the USCIS should adjudicate the petition on its merits, without affecting the other petition. Worst case, you may be required to explain how the second offer arose and which offer you intend to pursue, but only if the USCIS issues a request for evidence regarding this information.

I recommend that you visit www.hanlonlawgroup.com or email [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.