Employer withdrawing LC

[meg_z]

Anybody has experienced previouse employer withdrawing LC after one's resignation? If one wants to transfer to a new employer but would like to use the LC filed through old employer for H-1B extension, how to prevent old employer from withdrawing the LC? Here are my thoughts.

1. talk to the employer and directly ask. But do not know the employer's reaction about the resignation, angry? feeling betrayed? The emotion would affect the outcome.
2. If the employee has been paying for attorney fees, the employee can terminate the attorney-client relationship before going to a new emploer, right?
3. So if the current employer wants to withdraw then they have to find another attorney.

This is based on a non-IT company, therefore there is no direct loss as it would with IT consultants leaving and taking the contracts away. They never had experience with H-1B and immigration. They would not know withdrawing if not being told.

Please share your comments. Thanks.

 

[vvk01]

Anybody has experienced previouse employer withdrawing LC after one's resignation? If one wants to transfer to a new employer but would like to use the LC filed through old employer for H-1B extension, how to prevent old employer from withdrawing the LC? Here are my thoughts.

1. talk to the employer and directly ask. But do not know the employer's reaction about the resignation, angry? feeling betrayed? The emotion would affect the outcome.
Looks like that's the only way.
2. If the employee has been paying for attorney fees, the employee can terminate the attorney-client relationship before going to a new emploer, right?
Wrong. From DOL point of view LC belongs to employer. Form G-28, actually i'm not sure about number it's something like "Notice of Appearing to Represent etc.", is signed by employer, may be it's different in your case.
3. So if the current employer wants to withdraw then they have to find another attorney.

This is based on a non-IT company, therefore there is no direct loss as it would with IT consultants leaving and taking the contracts away. They never had experience with H-1B and immigration. They would not know withdrawing if not being told.

Please share your comments. Thanks.

 

[APD]

Anybody has experienced previouse employer withdrawing LC after one's resignation? If one wants to transfer to a new employer but would like to use the LC filed through old employer for H-1B extension, how to prevent old employer from withdrawing the LC? Here are my thoughts.

1. talk to the employer and directly ask. But do not know the employer's reaction about the resignation, angry? feeling betrayed? The emotion would affect the outcome.
2. If the employee has been paying for attorney fees, the employee can terminate the attorney-client relationship before going to a new emploer, right?
3. So if the current employer wants to withdraw then they have to find another attorney.

This is based on a non-IT company, therefore there is no direct loss as it would with IT consultants leaving and taking the contracts away. They never had experience with H-1B and immigration. They would not know withdrawing if not being told.

Please share your comments. Thanks.

How do yopu know that they will withdraw the LC if your redign ? They may not.

I assume you are in 6th year of your H1 and want 7th year extension. In that case the best thing for you is to use the LC receipt of current employer to file for H1 tranfer (extension) with the new employer and do it under premium processing. Join the new employer after the H1 tranfer is approved. After that if the old employer withdrwas the LC it does not matter.
Does it make sense ?

 

[meg_z]

Thanks vvk01 and APD

Actually that is the concern of the potential employer. They need somebody now and I can't file for extension until end of July. So there are still a few month between now and then.

My current employer is incorporated but there is one active majority owner who is also my direct boss. The company has lost two key employees recently and has not been able to fill those positions. There will be no technical person on staff if I resign. That is why I am concerned about his reaction. But I really do not feel secure with the company's future and the prolonged wait at BEC. It realy hard living on my salary I am getting with no raise in sight at all. Benefit is at the very minimum. It is really frustrated that there are quite a few employers want to hire me but are held back by this immigration issue.

Thanks.

How do yopu know that they will withdraw the LC if your redign ? They may not.

I assume you are in 6th year of your H1 and want 7th year extension. In that case the best thing for you is to use the LC receipt of current employer to file for H1 tranfer (extension) with the new employer and do it under premium processing. Join the new employer after the H1 tranfer is approved. After that if the old employer withdrwas the LC it does not matter.
Does it make sense ?

 

[APD]

Actually that is the concern of the potential employer. They need somebody now and I can't file for extension until end of July. So there are still a few month between now and then.

My current employer is incorporated but there is one active majority owner who is also my direct boss. The company has lost two key employees recently and has not been able to fill those positions. There will be no technical person on staff if I resign. That is why I am concerned about his reaction. But I really do not feel secure with the company's future and the prolonged wait at BEC. It realy hard living on my salary I am getting with no raise in sight at all. Benefit is at the very minimum. It is really frustrated that there are quite a few employers want to hire me but are held back by this immigration issue.

Thanks.

When do you complete your 6 years ?

 

[SlplesInSeattle]

LC Priority date retention

Hi,

My friend has a trying situation & any concrete suggestion/info would be really very helpful. He is currently in his 6th year of H1B & his LC was fileed more than a year back. However recently his company was taken over by another company & now he is scared about the validity of his existing LC.Will his LC be still valid? Can he apply for 7th year extension? If yes, what all steps he needs to take to revalidate the existing LC in new company's name?
Any info would be really be appreciated.

Thanks

 

[meg_z]

I passed that mark a while ago.

When do you complete your 6 years ?

 

[meg_z]

vvk01

I reread your post regarding representations. You may have a valid point. Now a related question, if LC is filed and the beneficienary has been paying the lawyer fees, how can one terminate the contract/agreement without swtiching to a different lawyer? Basically wants to stop the whole process naturally, delaying reporting to DOL or reporting only when the employer receives the 45 day letter. Thanks.