Hi,
Company A applied for my H-1B (starting Oct.1) while I was working for them with OPT. After laying me off, I started working for company B with OPT. My visa was approved last week after transferring to PP and responding to RFE. I'm going to use my visa approval receipt to apply a new H-1B with comapny B. My attorney says it's too risky to apply for another visa through PP as they just processed our first petition. He suggests to apply through regular and use portability rule from Oct.1 to continue my job with company B until their H-1B is approved a few months later. My question is that can I use portability while I have never been in H-1B status with company A? Isn't it less risky to continue with PP instead?
Thank You.
Company A applied for my H-1B (starting Oct.1) while I was working for them with OPT. After laying me off, I started working for company B with OPT. My visa was approved last week after transferring to PP and responding to RFE. I'm going to use my visa approval receipt to apply a new H-1B with comapny B. My attorney says it's too risky to apply for another visa through PP as they just processed our first petition. He suggests to apply through regular and use portability rule from Oct.1 to continue my job with company B until their H-1B is approved a few months later. My question is that can I use portability while I have never been in H-1B status with company A? Isn't it less risky to continue with PP instead?
Thank You.