A Strange Situation...

[hell_storm2004]

Hello All,

My first post. I am not to aware of the immigration laws at all. So thought of turning to this site for some help.

I currently work for Company A on an H1-B Visa. Now i was in the job market looking for better opportunities. And I found one which is almost very close to being finalized (within a week or so). But yesterday I heard from a colleague of mine, that our company has stopped resignations while on deputation in the US. Employees are asked to resign here and go back to their home country and then service out the notice period. Unethical as it may sound... its true. I confirmed it today. So had a few questions...

1. What happens to the H1-B status once i submit my paper?
2. What happens if the new company initiates the Visa transfer and then I resign and go back to India to serve the notice period?
3. Do i have any options here?

 

[CalGreenCard]

1. What happens to the H1-B status once i submit my paper?
2. What happens if the new company initiates the Visa transfer and then I resign and go back to India to serve the notice period?
3. Do i have any options here?

First of all, the provision that you return to India during the notice period is purely a contractual obligation between you and your employer--which may or may not be enforceable in court (usually employment in the USA is at will and these kinds of termination notice requirements are hard to enforce). Certainly it would NOT be enforced by USCIS/CBP/ICE. I cannot comment on whether a violation of a contractual obligation with a company with offices in India and the USA and an Indian citizen employee might lead to negative consequences later on in India.

You (your new employer) should be getting a copy of the receipt notice for the transfer once it has been filed. I would NOT recommend that you travel until you get this receipt notice. Once you have the receipt notice, you should be free to return to India to serve the notice period. Once you are fully extricated from the old company, you can return to the USA with your existing H-1B visa, your receipt notice for the transfer, and perhaps other supporting documents (paystubs from the old company, offer letter from the new company, etc).

 

[hell_storm2004]

Yeah. It is between me and my company.

So let me get this straight (Sorry, absolutely a newbie when it comes to these legal matters/immigration rules):

1. I get the offer letter, sign it and get the receipt of transfer of the my H1-B?
2. Then go back to India serve the notice, once the VISA transfer is done, I come back?

Right?

But can my current company take back the H1-B once they hear that a transfer has been initiated?

My company says strict legal actions will be taken, I am not even sure what they mean by that. I am guessing some financial penalties, withholding experience letters and all that stuff. Dont think they would put me in jail.

 

[CalGreenCard]

1. I get the offer letter, sign it and get the receipt of transfer of the my H1-B?

Yes.

2. Then go back to India serve the notice, once the VISA transfer is done, I come back?

Once the notice period has been served, you should be able to return to the USA with your receipt notice and your valid H-1B visa. You do NOT need the H-1B transfer to have been approved to come back.

But can my current company take back the H1-B once they hear that a transfer has been initiated?

They SHOULD be terminating your H-1B with the current company once you return to India to do the notice period--as you will not be providing any further services for that company on US soil. This shouldn't hurt you as long as the transfer has been initiated--and the receipt notice obtained--BEFORE notifying the current company of your intentions.

My company says strict legal actions will be taken, I am not even sure what they mean by that. I am guessing some financial penalties, withholding experience letters and all that stuff. Dont think they would put me in jail.

Yes I do not think they can put you in jail.

 

[hell_storm2004]

Thanks for the clarification. That was of great help.

 

[hell_storm2004]

Just one last bit:

How long does it take to transfer a H1-B VISA?

Does it go through the same "queue" so to speak, as new H1-B filings?

What are the chances of it getting rejected since, the person is actually back in India?

Thanks

 

[spacewalker]

Question about US University Scientific job position with H1B visa

Hi Guys,

I am completely new in this US visa domain.
I have contacted one Professor in US university from India about a possible job position and in principle he agreed. He asked me to come with H1B visa, so that it can be extended & a possibility of Green Card.

My question is:

(1) What sort of University position I should apply (like Scientific Officer, Research Officer, Research Scientist etc) so that I can get a H1B visa in USA? The position in US university is likely to be a contract time limited position. I have a technical engineering degree with PG research experience in India & Europe.
(2) For what sort of scientific position US university can sponsor a H1 visa for a foreigner?
(3) I do not want to go as Visiting Scientist type thing with J1 visa, as to apply for Green card, I need to go through NORI which I do not want (at least at this point as it is a bit botheration).

If anyone has some knowledge, please let me know.

Best wishes.

Cheers....!!