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Immigration Issues/H1B employment portability

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Question
hi,

please advise me asap.


two companies say company A and company B filed for my h1 transfer.
now i get receipt from company A ,so i joined,and after that from company B i get notice after 3 weeks, now company B wants me to join them,but i dont want to go.

because if there is ref they are not able to handle.

company B saying that if you are not joining , w have to inform uscis and this will cause lot of problem.

i am already working for company A,waiting for approval notice.

what if i dont join company B,will i have problem from usics.

i dotn want to leave company A

Answer
Hi,

As you appear to have already been in H1B status through some other company when Companies A and B filed H1B petitions for you, you can work legally for Co. A and/or B upon its filing of an H1B petition under the H1B portability rules. You are not required to wait for approval.

Multiple companies can file an H1B petition for you: www.h1b1.com/concurrent.htm

However, you are not required to join all companies that file an H1B petition for you, as long as you work for at least one H1B employer throughout your stay in H1B status. Thus, it is OK if Co. B withdraws its pending H1B petition, or revokes its H1B petition if it is approved by the USCIS.

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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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