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aspiration

H1b transfer is in progress applying for a new transfer

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Hi 

I resigned from a company A due to some issues and my h1b is valid feb 2021.

I found an employerB before my h1b was terminated and transfer is in progress and currently working for EmployerB. 

Now I have found an employer C  who is willing to take me full time, but he is not aware of my current situation.  Is it advisable that I do not tell him about my current situation and just tell him that I was laid off from EmployerA and apply for direct transfer from A to C. I am missing a paycheck?

If I get RFE regarding my continuity of employment and missing paycheck can I show paycheck from employer B.   Please advise. 

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I don't understand why you want to hide the employment with B from C.

C's Attorney will ask for latest paychecks and you will have to give your paychecks from B. You already have a I94 till Feb 2021 (I guess). So Emp C need not file his case as a consular processing case. Your new case with C will not depend on B's approval. 

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Better to tell everything to C since they need to get H1B approved and incase of RFE they must support you. I do not see issues with you and why do you want withheld info from C. You need to provide previous paystubs.

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My Concern is that If I tell Employer C about my current situation where I am working for employer B. He might not consider me for the job. Second is I am assuming If Employer C files for a transfer showing that I am working for the employer B it will be considered as a bridge petition and will complicate the transfer. Correct me if I am wrong. 

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@gopalakrishnach @User099 My Concern is that If I tell Employer C about my current situation where I am working for employer B. He might not consider me for the job. Second is I am assuming If Employer C files for a transfer showing that I am working for employer B it will be considered as a bridge petition and will complicate the transfer. Correct me if I am wrong. 

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On 1/25/2020 at 2:07 PM, aspiration said:

@gopalakrishnach @User099 My Concern is that If I tell Employer C about my current situation where I am working for employer B. He might not consider me for the job. Second is I am assuming If Employer C files for a transfer showing that I am working for employer B it will be considered as a bridge petition and will complicate the transfer. Correct me if I am wrong. 

We will need the dates of when you resigned from A, when did you move to B and when you will join C. Depending on those dates we can see if you will fall in the 60 day grace period. Or else to prove you are in status you will have to given USCIS your latest paycheck. 

Emp C can apply in Consular processing and you need not do a bridge petition. Do you think Emp C will not agree to Consular processing?

For me it looks like even if you don't mention your employment with B in the beginning, you will still have to mention that later if there is an RFE. It will be a bigger issue then as we don't know what all they will ask for in the RFE. Its good to be open upfront, that's what I feel.

You can talk to an other attorney to see what they suggest if you don't want to discuss these with Emp C's attorney. 

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19 hours ago, User099 said:

We will need the dates of when you resigned from A, when did you move to B and when you will join C. Depending on those dates we can see if you will fall in the 60 day grace period. Or else to prove you are in status you will have to given USCIS your latest paycheck. 

Emp C can apply in Consular processing and you need not do a bridge petition. Do you think Emp C will not agree to Consular processing?

For me it looks like even if you don't mention your employment with B in the beginning, you will still have to mention that later if there is an RFE. It will be a bigger issue then as we don't know what all they will ask for in the RFE. Its good to be open upfront, that's what I feel.

You can talk to an other attorney to see what they suggest if you don't want to discuss these with Emp C's attorney. 

@User099

My last day at employer A was on Dec 31 2019. 

I started my employer B on Jan3 2020. I am getting paychecks from Employer B.

Employer C is ready to file for transfer. But I will need to provide him details.  

Edited by aspiration

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12 hours ago, aspiration said:

@User099

My last day at employer A was on Dec 31 2019. 

I started my employer B on Jan3 2020. I am getting paychecks from Employer B.

Employer C is ready to file for transfer. But I will need to provide him details.  

Here is how I see it:

You will have 60 days to find a new job from Dec 31st. You are still in the 60 day period. So technically you can file with employer A's paychecks and need not mention B's employment at all. You should be good.

This is why its important to give some details when asking for advice. Hope all goes well for you. Good Luck!

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12 hours ago, aspiration said:

@User099

My last day at employer A was on Dec 31 2019. 

I started my employer B on Jan3 2020. I am getting paychecks from Employer B.

Employer C is ready to file for transfer. But I will need to provide him details.  

 

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2 hours ago, User099 said:

Here is how I see it:

You will have 60 days to find a new job from Dec 31st. You are still in the 60 day period. So technically you can file with employer A's paychecks and need not mention B's employment at all. You should be good.

This is why its important to give some details when asking for advice. Hope all goes well for you. Good Luck!

@User099  I have checked with Employer C and told him about my situation.  Employer C said that he will be filing transfer from Employer B and said it will not be dependent on current transfer approval.  I am not exactly sure how this will work. 

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14 hours ago, aspiration said:

@User099  I have checked with Employer C and told him about my situation.  Employer C said that he will be filing transfer from Employer B and said it will not be dependent on current transfer approval.  I am not exactly sure how this will work. 

OK. There is nothing to "transfer" from one employer to other, they just need to prove you were on status previously and on the date of filing the H1 petition.

In any case, you are good and have nothing to worry even if they do it from B to C or A to C. You need not do a bridge application for your case.

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