Legal Question in Immigration Law in California
Hello Sir/Madam,
I have a question regarding filing H1B (I-129) petition. I was on H1B visa[Employer A] from Oct 2011 till date and changed from old employer A to new employer B(New petition filed on 24 February 2012, Left Employer A on last day of work as 23 March 2012 Friday and joined my new employer on Monday March 26, 2012).
A RFE is generated for new employer and I have same question regarding the same.
Q1. Can I be technically on H1B for Employer A technically as I guess revocation takes time?
Q2. Can I apply for new employer C (worst case measure or as an option) now as also processing is simultaneously going on for Employer B? I do have all paychecks from all employers and I presume that I was on proper Visa Status the whole time.
I have asked Attorney for Employer B for being on status and joining on Saturday March 24, but she said that joining on working day March 26 is fine. We have not received the copy of RFE yet.
Please let me know.
Thanks,
Ashish.
2 Answers from Attorneys
Hi,
You can go back to Co. A assuming that it has not revoked its H1B petition, and that the approval notice has not expired: www.h1b1.com/concurrent.htm
You can be on Co. B's payroll. Furthermore, Co. C can file for you and you can join Co. C upon filing as well.
Under the Portability provisions, as long as you have a valid H-1B and remained working for Company A up until the date of filing of the Change of Employer I-129 petition for Company B, you can start working for Company B as soon as the I-129 is filed.
Even though you don't have an approved I-129 with Company B yet, you are still in-status. I agree with the Attorney for Company B; you are fine.
As for filing another Change of Employer (or concurrent employment) I-129 for Company C, you could do that, as well.
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