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Transferring H1-B to a new employer while amendment petition from current employer is pending with USCIS

Immigration 6 views 3 answers
I am currently working for Employer A at client location. Recently, there was a change in the client office [we moved to another office address which is just 5 miles from current one] and my employer A has filed for H1-B amendment to change the client address to the new one. I've the new LCA, work authorization letter & have started working at our new client address. The H1-B petition is a premium processing that was filed 2 days ago and we are awaiting receipt number. Now, Employer B is willing to do H1-B transfer for me next week with the chances that either USCIS might have approved the current amendment petition or it is still in progress. What are the things that I should take care before I initiate H1-B transfer with Employer B? Have all paystubs from A & i94 valid for next 8 months

Attorney Answers

3
Tripti Sharma ·
The attorney filing the petition will seek the list of documents. Work with the company's lawyer.
0 upvotes
Neil F. LewisImmigration AttorneyTampa, FL ·
you are going to need collect your paperwork to prove that you have been in status properly everyday you have been an H1B status. The previous amendment may come into play at some point. Make sure you have your proof that everything was done properly. You just need to make sure you have your pay stubs and your proof of status. Do not start with a new employer of course until CIS has accepted the application for change of employer, and you are assured that the position you are assuming is the same or similar to your last one. The law school nature of your question is one of the reasons why I avoid H-1B visas. complicated.
0 upvotes
Maria Marty ·
Ask this question of Employer B's attorney, they will be working with you directly on the new H-1B application.
0 upvotes

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