Multiple H1 + portability + transfer

[mendark]

Here is the situation:

My wife was on H4 since OCT 2001.
She applied for a H1-B visa through employer A and it was approved on 29th August 2003. She worked part-time for employer A until December 2003 and she received the last paystub on December 15th. INS has not been informed about employment termination.

While working for employer A, my wife filed on September 17th a new H1B petition for employer B and she started working part-time after receiving the Notice of Action using H1-B portability. This petition is still in processing and she is presently working.

Presently, my wife found a new part-time employer C and she has the following options in the order of preference:

1) Transfer H1B from employer A
a) Regular and commence working using H1B portability
b) Premium processing
2) Start a new H1B.
a) Regular - and commence working using H1B portability
b) Premium processing

What do you think we should do?

 

[jaxen]

There seems to be a confusion , Did she start working for company B before the "new" h1 was approved? How do you claim portability- If you transferred A to B only then you can claim portability.

1. It is more than 30 days , so I would not advise transferring from A
a) You cannot do that
2. Only safe way
a) Nope Not this option
b) better this one.

 

[mendark]

Thank you for your answer.

Yes, she used the portability provision for the new H1B. This is one way of using it that not many people know about. At that time I asked 3 lawyer firms and they all confirmed it can be used legally.