Immigration Issues/H1 visa

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Question
Hi Ajay,

I am currently working with employer A on OPT (which is getting expired on Dec 2012). They already applied for LCA and if they get approval this week then they will file H1 application this week (premium processing).

I also have an interview with company B this Friday (this is the final interview).  If after interview they will decide to hire me they will give me 2 week period to let my current employer give a notice.

  So is it possible for me to join employer B when H1 application with my current employer is still pending?

  What is the case if previous H1 application still in process, does employer B has to file new Lca and H1 application or is consider to be a case of H1 transfer?

  If I will get H1 approval before Employer B wants to apply for H1 then for employer B, is it the case for new H1 or H1 transfer?

  Is it possible to change employer even though the application from previous employer is still pending?

  Is it possible to change employer before H1 actually
being effective (Oct 1) whereas already have H1 approval in hand?

  For H1, to change employer before Oct 1, do I need to inform my current employer about the new H1 application submitted by future employer?

Can you please advice ASAP.  

Thanks.

Answer
1) Yes you may join employer B;
2) It will be a fresh filing with fresh LCA;
3) H1 transfer is when one is already on H1 status and working on H1 status; so, this may not be an H1 transfer but a fresh filing;
4) Not a change of employer, but fresh filing - change of employer would be when one is already on H1 status and working;
5) See, above;
6) to change employer, yes you may need to inform the current employer, because you may need letter form your employer and proof of employemnt under H1 status.

Best wishes,  

Immigration Issues

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AJAY SINGH

Expertise

Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.

Experience

Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Organizations
Member - AILA. Bar Council of India.

Education/Credentials
LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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