H1B Change of Employer/s and Being on Status at the time of filing I-129.

[coolak2007]

Hello Sir/Madam,

I have a question regarding filing H1B (I-129) petition. I was on H1B visa[Employer A] from Oct 2011 till date and changed from old employer A to new employer B(New petition filed on 24 February 2012, Left Employer A on last day of work as 23 March 2012 Friday and joined my new Employer B on Monday March 26, 2012).

A RFE is generated for new employer B and I have same question regarding the same.

Q1. Can I be technically on H1B for Employer A technically as I guess revocation takes time?(In regards to filing for H1B for new Employer C)

Q2. Can I apply for new employer C (worst case measure or as an option) now as also processing is simultaneously going on for Employer B? I do have all paychecks from all employers and I presume that I was on proper Visa Status the whole time - without any Gap.

I have also asked Attorney for Employer B for being on status and joining on Saturday March 24, but she said that joining on working day March 26 is fine. We have not received the copy of RFE yet.

Please let me know.

Thanks,

Ashish.

[Attorney_22]

Generally, when an individual is in valid H1B status it is permissible to have multiple change of employer petitions pending at the same time. In these situations, if utilizing the advanced portability provisions of AC21 by working with an employer after USCIS has received the change of employer petition it is important to be sure each petition in the string has been approved. Therefore, in the limited scenario described above, to continue to maintain work authorization pursuant to AC21 with Company C, your petition with Company B will need to be approved. The above described circumstance involves complex legal issues and therefore it is advisable to speak directly with a qualified U.S. immigration attorney prior to making any decisions. The Murthy Law Firm has a very well-regarded H1B Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.