Immigration Issues/H-1B Visa

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Question
Namaste, Atty. Arora.

I am an International Teacher from Manila, Philippines who's looking for another overseas teaching post.

Last Month (August 15), the petition of my prospective school in Florida for my nonimmigrant temporary working permit (H-1B) was approved with Oct.1 as effectivity date and is good for one year. Unfortunately, because teachers are to start reporting also on Aug.15, my principal wasn't able to wait and he hired another person in my place.

He sent me an email attachment of the approved petition which is name-specific (employer/employee). I have a feeling that I may not anymore have a chance this school year with that school as they are already on their second month and effectivity of my approved permit is for Oct. 1 yet.

I have several other teaching 'prospects' in Florida and elsewhere in the U.S. whose main concern is the 'permit to work', please tell me what I should do? Could I claim ownership of the approved petition and avail of the 'portability' provision?

Thank you,good day, and more power.

Awaiting your kind advise.

Yours sincerely,

(Mr.) E.A.Vengco
+632 434 8919

Answer
Namaste, Mr. Vengco,

If you apply for an H-1B visa at the U.S. Consulate in Manila, then your intention must be to work for the school in Florida which filed the H-1B petition. Since employment with this school is no longer possible, even if you are issued the visa you should not enter the U.S. on this visa.

The portability provision is for a scenario where you are already in the U.S. working in H-1B status for the sponsoring employer, and then Company B files an H-1B petition for you. You are allowed to work for Company B as soon as the petition has been filed--you are not required to wait for the H-1B petition to be approved by the USCIS.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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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