Changing Employers - how not to get screwed in the process ?

[Aztek]

Houston - I've a situation!!


I've been on H1 of a consulting company (A) which is also sponsoring my GC and have done my I-140 with PD of Sept 2006. I got my "Beyond 7th year" H-1 extension based on approved I-140. Recently another placement company (B) approached me for a FT position with their client. Initially they said the client will pick up H-1 and will do sponsor GC as well, then next day they changed the statement to say that instead of client, they themselveS (B) will pick up my H-1 and will sponsor me for GC. The position itself is very
interesting and am sure to land it easily since I'd been interviewed & selected for it once before (the billing rate with the contracing house didn't work out at that time).

Here are my concerns:

1) How can I make sure that this company B won't put me in a hole once I changed my H1 to them, specially in terms of starting the GC

process again. My current H1 will expire in March 2010 and I want to make sure that at least I'll get I-140 approved before then so

that I can get another H-1 extension if the PD of that new I-140 doesn't become current.

2) Say if I do decide to go with Company B, would/could there be any problem in H-1 transfer since my current H-1 extension is based on

approved I-140 with company A. ?

3) Will I be able to get another 1 or 3 years H-1 extension based on approved I-140 of company B ?

 

[ginnu]

Houston - I've a situation!!


I've been on H1 of a consulting company (A) which is also sponsoring my GC and have done my I-140 with PD of Sept 2006. I got my "Beyond 7th year" H-1 extension based on approved I-140. Recently another placement company (B) approached me for a FT position with their client. Initially they said the client will pick up H-1 and will do sponsor GC as well, then next day they changed the statement to say that instead of client, they themselveS (B) will pick up my H-1 and will sponsor me for GC.
The position itself is very
interesting and am sure to land it easily since I'd been interviewed & selected for it once before (the billing rate with the contracing house didn't work out at that time).
---------------------first work out Billoing rate and ask them if they are ready to file H1 transfer and ask them when they will file LC for you>
Here are my concerns:

1) How can I make sure that this company B won't put me in a hole once I changed my H1 to them, specially in terms of starting the GC process again.
---------------------- The company changed statements in past. Dont inform your Present employer that you are going to Transfer H1. Let the new Company file H1 Transfer once get H1 transfer filing reciept you can join them and if you dont feel like joining them then remain with your Present employer as you have I-140 approved

My current H1 will expire in March 2010 and I want to make sure that at least I'll get I-140 approved before then so
that I can get another H-1 extension if the PD of that new I-140 doesn't become current.
---------------- nobody can guarantee that you will get your new I-140 approved on X or Y date

2) Say if I do decide to go with Company B, would/could there be any problem in H-1 transfer since my current H-1 extension is based on

approved I-140 with company A. ?
-----------------------------that is not a problem for H1



********

 

[Aztek]

ginnu - thanks for the comments. Just one question:

for (1) where you said:

Dont inform your Present employer that you are going to Transfer H1. Let the new Company file H1 Transfer once get H1 transfer filing reciept you can join them and if you dont feel like joining them then remain with your Present employer as you have I-140 approved

if h1 is transferred to company B, does it not make the old H1 (of company A) invalid? if I want to switch back to company A, would they have to file for a h1 transfer again?

 

[ginnu]

ginnu - thanks for the comments. Just one question:

for (1) where you said:



if h1 is transferred to company B, does it not make the old H1 (of company A) invalid?
-----------------------company A H1 does not become invalid by filing H1 Transfer through B.
if I want to switch back to company A, would they have to file for a h1 transfer again?
-------------NO,
But if they REVOKE your H1 by writing to USCIS then problems

--------------

 

[GotPR?]

ginnu - thanks for the comments. Just one question:

for (1) where you said:



if h1 is transferred to company B, does it not make the old H1 (of company A) invalid? if I want to switch back to company A, would they have to file for a h1 transfer again?

Once H1 beneficiaries left the sponsor, they are required to inform USCIS. If they are the company following CIS instruction, your H1 will be invalid.

 

[Aztek]

this is where I am a little skepticle. my understanding was that , H1 of company would become invalid once I get onto the payroll of company B. And going by the book, company A would have to file a H1 transfer again.

Now that would have been a different situation if company B had filed & got approved a whole new H1. I think a person can hold 2 H1 simultaneously.

 

[GotPR?]

this is where I am a little skepticle. my understanding was that , H1 of company would become invalid once I get onto the payroll of company B. And going by the book, company A would have to file a H1 transfer again.

Now that would have been a different situation if company B had filed & got approved a whole new H1. I think a person can hold 2 H1 simultaneously.

H1 never gets invalid automatically unless voided.
If you have valid H1 from 2 employers, technically, both company has to pay you. That 's why old employer wants to void H1 so that they are not obliged to pay to someone who is not working for them anymore.

 

[Aztek]

hmmm ... this H-1 Transfer phrase is a bit confusing. Transfer would literally mean the H1 has been transferred from A to B. But what you saying is that even if I get my H1 transferred to B, and then later on decided not to join B, I can continue to work for A without having to file a transfer of H1 from B to A.

 

[ginnu]

hmmm ... this H-1 Transfer phrase is a bit confusing. Transfer would literally mean the H1 has been transferred from A to B.
But what you saying is that even if I get my H1 transferred to B, and then later on decided not to join B, I can continue to work for A without having to file a transfer of H1 from B to A.
------------------correct. You have H1 of A and B file H1 Transfer and if A dont revoke your H1 by writing to USCIS then you can work with A (if you dont want to join B)

** FYI if you dont want to work with B then why you want B to file H1 transfer???? make up your mind and then decide
**** you have approved I-140 through A and I dont know your PD. once PD becomes current then file I-485 and then wait for 6 months I-485 pending then move to new employer as you will be eligible for AC21