Hello, USCIS officer visited my employer1 randomly for site vist and they asked my employer about my case. as iam on vacation and not at site location, they asked him some project documentattion and he will send those. Meanwhile iam on vacation i got another opportunity with a new employer2, can i able to apply for H1b Transfer to new employer 2 or i have to wait for decision from uscis to employer1.
Secondly, as iam not at site location for employer 1 during their visit will it be a problem? as this is random check we are not aware of and we can take vacation as per my employer 1 policy. please advise.
Thank you for your time!
1. "can i able to apply for H1b Transfer to new employer 2 or i have to wait for decision from uscis to employer1?" Yes, you can able to transfer to "new employer 2" without having to wait for USCIS' ultimate denial/revocation decision of your existing H-1B with "employer" 1. In fact, can do so as soon as USCIS issues its case receipt for "2"'s decision. I can only hope that this one is not just another unlawful "job shop"...
2. "Secondly, as iam not at site location for employer 1 during their visit will it be a problem?" Should not be a "problem", for you, that is, if the "vacation" in question was the only one you really took since having started to work for "employer" 1...
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. 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.
If you are in compliance with your status you can be petitioned for by another employer provided the requirements of the position qualify.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Your current employer will need to verify to USCIS that you are , in fact, in vacation. If USCIS is not convinced, your H-1B can be revoked. As to a " transfer" to another employer, that FORM I-129H can be filed by that prospective employer. However, I suggest that you contact the prospective employer's immigration attorney to alert them of the USCIS site visit to your current employer's office.
More information is required to provide good guidance. Unfortunately this cannot be discussed on online public forum. I'd suggest you talk confidentially and seek appropriate guidance.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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