Legal Question in Immigration Law in Oregon

Hi,

Let me explain my current situation first.

I was working with Company A and there was chances to layoff due to project unavailability so I had planned to switch another company . My immigration status was H1 B with I-140 Approved status with Company A.

I got two offers in parallel from company B and C so I asked both company to start my H1 Transfer .

Company B started my H1 transfer Immediately so I start working with company B after getting H1 transfer receipt and now RFE came .

Meanwhile Company C also started my H1 transfer little bit late but they started in premium so I am hoping decision will be come in next week .

My question is , if I will get successfully H1 transfer from company C ,Can I join legally company C without waiting RFE status of Company B .

Company B is also going to response RFE next week but it ll take some time therefore Company C is going to force me to join ASAP once they ll get approval notice

Please suggest ...


Asked on 8/12/14, 2:41 pm

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Pursuant to AC21, portability of an H-1B visa applies as soon as the subsequent I-129 is filed. However, if the I-129 is ultimately denied, then there could be a problem with unlawful presence. Therefore, you can work for Co. C as soon as they file your I-129 petition. If it is later denied, you may have a problem then. I would recommend discussing this with the employer's immigration attorney.

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Answered on 8/12/14, 5:30 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Hello - please call my law office at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

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Answered on 8/25/14, 12:18 pm


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