Skip to main content

Transferring my H1 from Employer A to Employer B. Can I continue my GC and run checks with employer A?

Austin, TX |

I am transferring my H1 from Employer A to Employer B. Can I continue my GC with employer A? is there chance that employer A can revoke my H1. Also how long my employer A can run the pay checks once I transfer my H1 to Employer B.

Attorney Answers 5

Posted

As long as Employer A is still willing to offer you in good faith a full-time permanent job after your GC is approved then no reason the petition can't continue to pend. If you are not doing a concurrent H-1B with Employer B, then Employer A should withdraw their H Petition so their salary obligation to you will cease. As long as there is time left on Employer's A Petition they may legally continue to pay you for services rendered even concurrent with employer B's Petition.
--
Lynne R. Feldman, Attorney at Law
website: www.immigrateme.com

Mark as helpful

2 lawyers agree

3 comments

Asker

Posted

Thanks!!!, this is what I am expecting, got the right answer, . In that case, If I file for concurrent H1B, Do I need to maintain the paychecks 80 hrs/week irrespective of anything? What if I do run paychecks at employer A for 3 months and dont run any in future. Do I need to request for the withdraw my H? Will it impact my GC or the H of employer B.

Asker

Posted

Also, what if my H of employer A time is left untill 2015. am I eligible to get the paychecks be generated? if so, do they need to be generated regularly.

Lynne Rogers Feldman

Lynne Rogers Feldman

Posted

If you are doing concurrent H's you may want to amend the H for employer A to a more reasonable number of hours.

Posted

I do not beleive you will get advice on this from anyone at this forum.

The herein content is for general informational purposes only, and may be predicated on incomplete facts. It should not be relied upon in making legal decisions or assessing your legal rights or risks. Neither does the herein reply create an attorney-client relationship.

Mark as helpful

2 lawyers agree

1 comment

Alexander Joseph Segal

Alexander Joseph Segal

Posted

You are correct. He will not.

Posted

Can you? DId you ask them about it? Every prudent employer would withdraw the application at such a show of disloyalty.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Mark as helpful

3 lawyers agree

Posted

Yes, if Employer "A" will be so generous and good hearted.
Yes, "A" could have a chance of heart at any moment..
Your last question, my friend, asks us to read peoples' minds, something that none of us am afraid, has the ability to do.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Mark as helpful

1 found this helpful

3 lawyers agree

Posted

Not sure why the employer will issue you paychecks if you are no longer working for them? Yes you can continue the gc as long as the employer is willing to continue the process as a prospective employee gc.

Business Immigration Attorney with 17 years of immigration law experience. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

Mark as helpful

1 found this helpful

2 lawyers agree

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics