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Immigration Issues/concurrent visa: can it stand alone

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Question
While being employed by employer A, I was filed a concurrent H1b visa by employer B. This year, I decided to go full time with employer B. I was on my 6 years H1b status last Oct. 2011. Upon filing for an H1b transfer to employer B on June 2011 ( not premium process ), employer A decided to revoke my 1-140 a month after my resignation, thus prompting USCIS to ask for RFE with my current H1b transfer filing. My lawyer decided not to pursue the H1b transfer with the RFE ( because of fear of being denied)  and thus decided to use the concurrent visa approval (good until 2013) instead for me to legally continue working. On the other hand I was filed EB2 and its on the perm process (not approved yet).In addition, my daughter is on H4 visa (approval is good until 2014) when I was with my employer A.

Question: Does the concurrent visa approval stand alone when the primary (employer A) H1b is not in effect anymore? So this becomes my primary H1b then? Am I still legal to work here?
How will I go about my daughter H4 status then? Is her status still good, even if I'm under the employer B H1b visa?

Answer
Hi,

Yes, the concurrent H1B petition approval through employer B will allow you to continue to maintain your H1B status until expiration in 2013. You can legally work for employer B. Additional information is here: www.h1b1.com/concurrent.htm

You will be able to extend your H1B status beyond 2013 based on timely PERM filing.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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