Advise before resignation

B

badrinathn

Registered Users (C)
Hi Gurus,

A few weeks back I was under tremendous pressure and this group advised me relavently.

My case:
Currently on H1B - 6 year completes on Jan 14 2007
I 140 approved May 2005
I485 pending for over 360 days (PD 9/3/2003)
Need to file I-485 for baby ( affected due to retrogression)

Since my current employers finances are bad the company may not be able to extend H1, so I wanted some help and people here suggested that I can get the H1B transferred, and due to I485 pending for more than 180 days, I can get 3 years extention.

Now I have found an employer who is willing to transfer the H1B, and my lawyer says there is no problem.

But I want to verify with gurus here if you see any problem with my H1B getting transfered? I have asked my lawyer to invoke AC21 also as my position is same and job description is also very same /similar and my 6 years complete in Jan 2007.

I am feeling nervous to give the resignation because if the H1B gets rejected, then I will be nowhere, but not sure if such a thing will happen at all.

Any advise before I resign tomorrow/or Friday.

Thanks in advance.
Badrinath
 
badrinathn said:
Hi Gurus,

A few weeks back I was under tremendous pressure and this group advised me relavently.

My case:
Currently on H1B - 6 year completes on Jan 14 2007
I 140 approved May 2005
I485 pending for over 360 days (PD 9/3/2003)
Need to file I-485 for baby ( affected due to retrogression)

Since my current employers finances are bad the company may not be able to extend H1, so I wanted some help and people here suggested that I can get the H1B transferred, and due to I485 pending for more than 180 days, I can get 3 years extention.

Now I have found an employer who is willing to transfer the H1B, and my lawyer says there is no problem.

But I want to verify with gurus here if you see any problem with my H1B getting transfered?
------------ I dont see any problem
I have asked my lawyer to invoke AC21 also as my position is same and job description is also very same /similar and my 6 years complete in Jan 2007.

I am feeling nervous to give the resignation because if the H1B gets rejected, then I will be nowhere, but not sure if such a thing will happen at all.
------------------ explain your concern to lawyer who is going to file H1 trasfer so that he/she takes care of H1 transfer/extension. Join new employer once the Petition Reach the USCIS (ask the proof of delivery) or wait till you get H1 transfer filing reciept from USCIS
Any advise before I resign tomorrow/or Friday.

Thanks in advance.
Badrinath
Click to expand...
 
Thanks Ginnu,

Is it just enough that the papers reach INS or should we wait for the receipt number to arrive from INS.

The lawyer may be sending the papers tomorrow (by overnight) so the papers will reach INS on Friday. Even If I don't get the receipt number until Oct 1st, can I start working on Oct 1st?

Thank you,
Badrinath
 
badrinathn said:
Thanks Ginnu,

Is it just enough that the papers reach INS or should we wait for the receipt number to arrive from INS.

The lawyer may be sending the papers tomorrow (by overnight) so the papers will reach INS on Friday.
-------------ask the lawyer the evidence that paper reached USCIS Before you join ( ask for tracking# and see if it reached your service center)
Even If I don't get the receipt number until Oct 1st, can I start working on Oct 1st?
----------------many start working after papers reach USCIS (keep the evidence) many start working after getting reciept of H1 filing from USCIS.


Thank you,
Badrinath
Click to expand...
 
Want to add some experience (it exactly confirms what ginnu said). I resigned from a previous employer and gave 2 week notice. Somehow they must have gotten upset and decided to let me go the next day instead and cancelled the H-1B. Good thing was that the new employer's lawyer had already sent in the H-1B transfer so I could start the following week Monday :).

Good luck resigning and in your new job.
 
Ead/ap??

What happened to you EAD/AP? I thought you could go anywhere with those in hand. Why do you still need H1B? Or may be you did not get your EAD card?
 
rim said:
What happened to you EAD/AP? I thought you could go anywhere with those in hand. Why do you still need H1B? Or may be you did not get your EAD card?
Click to expand...

He has a dependent child in H-4 status, and since his priority date is not current an I-485 cannot be filed for the child. This is one of those cases where maintaining H-1B status is quite necessary until his PD is current again.
 
Why dont you first apply H1, get the receipt / *AC number and then resign. Is this Friday really a hard date?

If I were you, I would take few days off, apply for H1, get the receipt and resign.

Remember, you may not see any problem with h1 transfer but you must be sure about the employer. I had my friend who ran into lot of tensions because RFE was issued on his H1 and it took sometime for the new employer to put things together.

I had also changed in similar situation like your's but I went ahead with Premium processing...Although it is 1000 bucks extra but gives a lot of peace of mind...

You may check with United Nations also---my friend was saved thru him on the RFE...


badrinathn said:
Thanks Ginnu,

Is it just enough that the papers reach INS or should we wait for the receipt number to arrive from INS.

The lawyer may be sending the papers tomorrow (by overnight) so the papers will reach INS on Friday. Even If I don't get the receipt number until Oct 1st, can I start working on Oct 1st?

Thank you,
Badrinath
Click to expand...
 
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Thank you all- yes I got my EAD this week (this monday), but unfortunately cannot use that -> but why did I apply for EAD :) good question - I was under the impression the I can add/include my baby's I-485 to mine without having to wait and start using EAD. -- THanks to this forum - I didn't do anything like that.

The start date with the new employer is Oct 9th. Although, I can tell them, but I am desparate and don't want to miss this opportunity for any reason. currently I am working as a subcontractor and he requires me to give his client 2 weeks notice-so this friday to Oct 6th will be 2 weeks. (If they ask me to stop coming the next day-:( I don't know what to do )

I will tell my current employer not to do anything with my H1B- He is a nice person (one advantage working for a small company) :))

For premium processing, isn't it that it takes the same time to get the receipt number?
 
badrinathn said:
For premium processing, isn't it that it takes the same time to get the receipt number?
Click to expand...

Yes. If you're using H-1 portability, there is no advantage to PP. Seriously, just get the Fedex tracking number from the attorney. When you're satisfied it's reached USCIS, then start your new job.

If the petition has been sent and they terminate you tomorrow, you're still going to be fine.
 
RealCanadian,

WHat do you mean by -
"Yes. If you're using H-1 portability, there is no advantage to PP. "

Does this mean PP is only for the normal H1 transfers and not for the 7th year extentions/transfers based on AC21 (I-485 portability)?
 
badrinathn said:
RealCanadian,

WHat do you mean by -
"Yes. If you're using H-1 portability, there is no advantage to PP. "
-----------He meant you dont need premium processing
Does this mean PP is only for the normal H1 transfers and not for the 7th year extentions/transfers based on AC21 (I-485 portability)?
----------- one can use PP for normal H1 transfer or for 7th year ,8th Year extension/transfers
Click to expand...
 
just for curiosity - (although I am not going to do PP),

why did RC suggest that PP is not needed in this case?

Thanks.
Badrinath
 
badrinathn said:
just for curiosity - (although I am not going to do PP),

why did RC suggest that PP is not needed in this case?
-------------only He can answer that.
He may be saying that no need to spend extra fee as you can start working after your H1 transfer petition reaches USCIS service center.


Thanks.
Badrinath
Click to expand...
 
badrinathn said:
just for curiosity - (although I am not going to do PP), why did RC suggest that PP is not needed in this case?
Click to expand...

Beacuse under H1B portability, you are eligible to work as soon as USCIS receives the H1 petition from your new employer. There's no advantage in paying the $1000 to get ajudication faster.

(Edit: Let me a backtrack a touch. If your existing H1 is expiring, you may not be eligible to work based on portability beyond that date. I'm not sure - you may want to see an attorney on that.)
 
Just curious. Is it possible to do 7th year H1 extension by an employer other than the GC petitioning employer? Is that what you are trying ?
 
Last edited by a moderator:
Hi,

Yes, this is the 7th year extension based on my approved I140 and pending I-485. My H1B expires on Jan 14 2007 (another 3.5 months remaining)

It looks like due to the portability feature, a non-sponsoring GC employer can transfer the H1B. Based on that only, I am proceeding with filing my papers to INS - looks like my lawyer has not yet filed the papers - hope fully on monday.
 
My understanding of the law is like this. I could be wrong. For 7th year H1 extension, I think you have to be with the G C Sponsoring employer. INS is giving 7th year extension if the labour is pending adjudication for over 365 days or I-140 is approved or pending because such a person is running out of time and can't adjust status. So it is implicit that the beneficiary is still employed with the sponsoring employer. Like I said I could be wrong.
 
June1506 said:
My understanding of the law is like this. I could be wrong.

For 7th year H1 extension, I think you have to be with the G C Sponsoring employer.
----------- one can be working with A and GC can be filed by B, GC is for future job. if employer A filed LC for you and it is pending more than 365 days Employer B C D or F can get you 7th year H1 extension, you only need the evidence of LC pending more than 365 days.
Click to expand...
 
June1506 said:
INS is giving 7th year extension if the labour is pending adjudication for over 365 days or I-140 is approved or pending because such a person is running out of time and can't adjust status. So it is implicit that the beneficiary is still employed with the sponsoring employer.
Click to expand...

USCIS grants extensions beyond the sixth year if the priority date is more than 365 days in the past, until permanent residency is approved or the petition is abandoned/denied; there is no requirement that the alien be employed with the sponsoring entity at ANY point during the process.
 
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