I have an approved I-140 and currently on EB2 backlog for India. On my 9th Year on H1B. Looking for a new job.
Since USCIS stopping premium processing for H1B transfer from April 2017, I may have to join the new company only with a transfer receipt. ( Because no company will wait for 6 months for my joining to accommodate H1B transfer standard approval). So it feels bit dangerous. I have school going kids, house etc so getting out of status while doing a H1B transfer will be devastating.
So do I need to leave the country immediately if my H1B transfer is denied and I already started working for the new (B) company by then? How can I prepare to avoid that situation? What documents you need to review if I want to hire a separate lawyer ( other than the employers lawyer) for a 2nd opinion?
You are right - that unpredictable situation is "dangerous" indeed..
You do need to schedule a private consultation with an independent lawyer over phone or Skype to assess your situation and properly advise you as to any options that might be available to you and the best way to use them.
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.
I agree, you need to consult with a private counsel and work on independent options.
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.
It is impossible to advise you using this forum. You should seek a private consultation with an attorney.
New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.
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