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Reddy4

Converting to Full Time on H1B - Need Help !!!

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Dear Experts,

I am currently working in a Employer/Client (E-C) model. My employer is a direct partner with the client.  My current H1B is valid until Nov 2019 (My last H1B extension is based on approved I-140 and beyond 6 years).  Need help with below 2 Questions : 

1.  I have a Full Time position available at Client, If I consider joining full time and my H1B transfer gets rejected, can I still work for my current employer until Nov 2019? Can I request my current employer to NOT cancel my current H1B as the client sponsors my new H1B ? 

2. If  the new  H1B is approved for 3 years (or less), and if I cannot get my I-140 approved by the time this H1B expires,  do I still have chances to get my H1B extended every 3 years all based on my current I-140 approval ?   Please advise.

Thank you !!!

 

 

 

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If you leave your current employer, the employer by law has to inform USCIS of that fact. That is mandatory. You can not ask the employer not to do that. If the employer wouldn't do that it would mean that the employment isn't properly terminated and the employer would ha e to continue to pay you.

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Thank you Joe.  That means I can have my new employer sponsor my H1B and get it approved first. Once I have the approval, I can quit my current employer, correct ?

But with H1B PP suspension, I may have to wait 6 months to get that approval.  In this 6 months, I will still work with my current employer, and switch only after getting H1B approval with new employer, Is this practically possible ? 

 

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2 hours ago, Reddy4 said:

Thank you Joe.  That means I can have my new employer sponsor my H1B and get it approved first. Once I have the approval, I can quit my current employer, correct ?

But with H1B PP suspension, I may have to wait 6 months to get that approval.  In this 6 months, I will still work with my current employer, and switch only after getting H1B approval with new employer, Is this practically possible ? 

 

That's the safest way, but the new employer may not want to wait that long.

So, you'd have to weigh the risks.

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