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Help--H1B filed after joining-Now problem with H1 transfer

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  • Help--H1B filed after joining-Now problem with H1 transfer

    Hello,

    I was on H1 and then H4 visa. I got a job and my employer told me that They have filed H1 for me and as per H1 portability I can start working and told me to join on March 3.They didn't give me receit number or anything.
    After 2 months, I got receit number which shows that He filed I-129 for me after 2 months of my joining date.It is still in processing state not approved.
    Now I have got another job and that company told me since my date of start working and petition filing date doesn't match and I started working earlier than the petition, I no longer eligible for H1 Portability.It puts my case in bad shape as I was working unauthorized.

    1)Could you please let me know the options what I have in this case so that my status in US is valid and Other company can file H1 visa for me and I can start working asap?
    2)Is there any way for me to withdraw this petition? Will that improve my chances?
    3) Isn't it employer responsibilty to file petition before joining ? Or Does it only put me in mess?
    Any suggestion and advise will be great relief.

    Alice

  • #2
    Hello,

    I was on H1 and then H4 visa. I got a job and my employer told me that They have filed H1 for me and as per H1 portability I can start working and told me to join on March 3.They didn't give me receit number or anything.
    After 2 months, I got receit number which shows that He filed I-129 for me after 2 months of my joining date.It is still in processing state not approved.
    Now I have got another job and that company told me since my date of start working and petition filing date doesn't match and I started working earlier than the petition, I no longer eligible for H1 Portability.It puts my case in bad shape as I was working unauthorized.

    1)Could you please let me know the options what I have in this case so that my status in US is valid and Other company can file H1 visa for me and I can start working asap?
    2)Is there any way for me to withdraw this petition? Will that improve my chances?
    3) Isn't it employer responsibilty to file petition before joining ? Or Does it only put me in mess?
    Any suggestion and advise will be great relief.

    Alice

    Comment


    • #3
      is your H1B still not approved?

      Comment

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