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Attorney_22

Transition Issues in H1B

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This week, Murthy Law Firm attorneys will answer questions regarding changes to employment when in H1B status.  

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.
 

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I am on EAD (compelling circumstance category) and my wife is also on the same EAD category. I got H1 approved this year with consular processing.

1) Can I go to Canada/Mexico for stamping or should I have to go to home country?

2) After coming back on H4, can my wife still work while H4-EAD is applied(processing) based on the validity of EAD (compelling circumstance category)

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On 9/19/2019 at 11:20 PM, Surti said:

Can one travel while h1b amendment pending

If you have a valid H1B visa, and are maintaining H1B status, then the amendment should not cause an issue regarding travel. 

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On 9/20/2019 at 12:41 AM, harsha_m said:

I am on EAD (compelling circumstance category) and my wife is also on the same EAD category. I got H1 approved this year with consular processing.

1) Can I go to Canada/Mexico for stamping or should I have to go to home country?

2) After coming back on H4, can my wife still work while H4-EAD is applied(processing) based on the validity of EAD (compelling circumstance category)

Generally, if an individual has previously obtained the same class of visa in the past, they can apply for a new visa in Mexico or Canada. However, the consulate still has discretion to accept the application. In regards to the compelling circumstance EAD and H4 status, that is more nuanced and therefore is best to discuss this with your attorney, or call our office to discuss the situation. 

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Hello,

I am on H1-B since October 2019 with employer A currently and have a job offer from employer B. 

1. I can provide the latest 3 paystubs for H1-b transfer. However, only the most recent paystub will reflect the salary for h1 position since I am on h1 only from October 2019. Is this ok?
2. If the H1-b is transfer is initiated, will employer A know of this through company A's attorney or USCIS or through any other source?
3. Does H1-b transfer petitions get rejected? If yes, will employer A know of this?
3. Do I have to stop working for employer A immediately once the H1-b is transferred to employer B? Employer A has a notice period of 2 weeks. Is it ok to work for the 2-week period for employer A even after the transfer is complete?
4. Can a H1-b employer take any action on the employee for leaving the organization since employer filed for the employee's h1?
5. Does the frequency of switching jobs on H1 matter?
6. The job title (just the literal job title) with employer B is not exactly the same as the one my h1 is approved for. However, the job profiles are very similar. Would this be an issue during transfer?

 

Thank you.

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On 10/29/2019 at 10:18 PM, Soundrav said:

Hello,

I am on H1-B since October 2019 with employer A currently and have a job offer from employer B. 

1. I can provide the latest 3 paystubs for H1-b transfer. However, only the most recent paystub will reflect the salary for h1 position since I am on h1 only from October 2019. Is this ok?
2. If the H1-b is transfer is initiated, will employer A know of this through company A's attorney or USCIS or through any other source?
3. Does H1-b transfer petitions get rejected? If yes, will employer A know of this?
3. Do I have to stop working for employer A immediately once the H1-b is transferred to employer B? Employer A has a notice period of 2 weeks. Is it ok to work for the 2-week period for employer A even after the transfer is complete?
4. Can a H1-b employer take any action on the employee for leaving the organization since employer filed for the employee's h1?
5. Does the frequency of switching jobs on H1 matter?
6. The job title (just the literal job title) with employer B is not exactly the same as the one my h1 is approved for. However, the job profiles are very similar. Would this be an issue during transfer?

 

Thank you.

Due to the number of specific questions, it is advisable to schedule a call with one of our attorneys to discuss your particular situation. 

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