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.
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
I do not beleive you will get advice on this from anyone at this forum.
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Can you? DId you ask them about it? Every prudent employer would withdraw the application at such a show of disloyalty.
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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.
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.