Legal Question in Immigration Law in New Jersey

H1 Transfer

I was laid off from Company A as of August 31st'02. They informed the INS

for H1B cancellation.

In the month of September, I got a job in Company B and I have a petition

for transfer dated 1st October. Due to overall delay in processing, my H1

transfer has not yet come through. I started working for Company B as of Oct

14th'02.

Now I have an offer from company C and they want me on board ASAP.

Can Company C file for a transfer even though my H1 transfer is in process

with Company B ?


Asked on 1/13/03, 7:00 pm

2 Answers from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: H1 Transfer

If your first employer informed INS and canceled the first H-1B, your extension to the 2nd employer may not be approved. In my opinion, you can't get the 3rd H-1B extension approved until and unless the 2nd extension is approved. However, if you are willing and able to go abroad to visa process, you could do this case premium proceesing processing pay the $1000 and it will be adjudicated within 15 days. I don't think you can port to the 3rd employer and be able to work legally now. However, you can certainly try.

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Answered on 1/13/03, 7:13 pm
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: H1 Transfer

There are procedures that MAY be implemented so that you may begin with Company C within as short a time as 2-3 weeks. However, without seeing your paperwork and knowing the time-table of filings I cannot advise you properly. You can reach me at (732) 985-1310 to set up an appointment.

Sincerely,

Sameer Kumar

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Answered on 1/13/03, 7:26 pm


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