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Immigration Issues/H1B transfer before Oct 1

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Question
I am currently working on H-4 EAD with Employer A. On April 1, I will file 2 applications for my H-1B - one by my current employer (Employer A) and one by another company (Employer B) that has a valid job offer for me. Assuming that my H1B application for Employer B is picked in lottery while I want to continue working with Employer A. I have following queries:

1.       Can I continue working with Employer A and apply for H1B transfer from Employer B to Employer A. In this case, can I continue working with Employer A till September 30 and then change to H1B from October 1?
2.       OR Do I have to physically join and come on payroll of Employer B and then transfer from Employer B to A? What would be the most efficient way to transition H1B from Employer B to A?

Thanks

Answer
Hi,

You can work anywhere with EAD without any restriction until H1B status takes effect. Employer A can file an H1B petition for you anytime if Employer B's H1B petition is selected and approved, but there can be issues about whether the job offer through Employer B was bona fide. Therefore, it is recommended that you be employed by Employer B (in October) and you can join Employer A if it files an H1B transfer petition for you requesting extension of H1B status. Recent pay stubs through Employer B would be necessary at that point to be granted extension of status through Employer A.

Immigration Issues

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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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