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Change of Employer after I-140 approve

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  • Change of Employer after I-140 approve

    I am in a very peculiar situation.
    I am with an employer A on H1b from past 2 and half years. Till date I always got new project being in previous project and hence no bench time.
    Employer A filed for my green card as well and its I-140 approved state since one year.
    They recently got extension on I-140 till Sept 2016.
    Now due to abrupt end of project I went on bench. Within 2 weeks I got the another offer from a primevendor of a big client and I was all good to go. But my employer A during the paper work just screwed up something and my joining was stalled. In this whole process I lost 3 more weeks and hence, I went without pay check for total 5 weeks.
    I was approached by another employer B who is ready to transfer my H1b for the same project under normal processing and asked me to join the project once LCA is approved. I have the following queries for this situation.

    1. What are the chances of my H1b getting rejected or getting an RFE in this situation where the new H1b is filed without the last 5 weeks of paycheck.
    2. I was told by the attorney of the new employer B that I need to go for stamping once its approved. What are the chances of successful stamping in case of the above mentioned scenario. The attorney told that it would not be an issue as they would be providing all the documents when I will go for stamping and also it would be easier for me as I have I-140 approved.
    3. Can I transfer my H1b to a new employer C while working on project for employer B before the H1b is approved for employer B as I will get the paystubs by that time for employer B.

    I am really tensed now to make a decision of whether I should stay with current employer A or should I go with the new employer B.
    Please give some advise on this so that I can make the right decision.

    Awaiting a good response.. Pls Helpppppp
    Last edited by prisha.das1; 04-15-2014, 03:49 PM.

  • #2
    Well it is true without check stub it is hard to do a status transfer although employment transfer is possible with consular processing. The chances of RFE is not an issue but the proof is an issue. These are the kinds of cases you should talk personally to an attorney for a full consultation. There might be options for you not to do consular processing. As for working with one company and transfer on another, it might be risky. Feel free to call us at 510 742 5887 for a consultation.
    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

    For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
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    Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

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    • #3
      Thanks for the info..
      I have one question for you..I have joined for new employer b and worked there for two weeks.. They have started my h1b transfer in regular process..so i dont think my approval of h1b will come in another couple of months time... Now I have a better offer from my previous employer A who has not revoked my h1b yet so i would like to join them ..
      Pls suggest how can i join them back.. would it require any other h1b transfer process to go back to old employer or just can i go back to my old employer without any process..
      As i want to go back to my employer would there be any issue in my gc processing

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