Immigration Issues/H1b visa transfer


I was on H1b visa with employer A. In December of 08 I filed for GC (non-employment based) and applied for I485 adjustment of status. A few weeks later I left employer A, hoping to start working for B, but it took a while for employer B to prepare documents, and finally they filed for transfer of H1b instead of applying for a new H1b (as my status was justified by i485 application rather than employment by A since end of December). The attorney says that I can start working for B, as USCIS received the application. However I doubt this is a good idea, as the transfer will be denied, and USCIS may look at the employment at B as illegitimate. Is it possible to withdraw the transfer application?

Currently you are in lawful stay in the US as you have an I-485 pending.  It should not pose a problem for you to work while the new H1b is pending.  In addition, you may want to file for an EAD card which will take one to three months to be approved and upon approval you can work for anyone in the US and not just an H1b Employer.
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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