H-1B from Lu250 - 9-22-07 Thank you!

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lu250

Registered Users (C)
My job with company A was on H1-b visa, and it expires on 11-2009. I quit my job with company A and join company B. Because of the HR people at company B are very inexperienced, they haven't started my visa transfer application, while Company A has sent a note to USCIS and copied to me, which reads:

<<The letter is intended to notify the USCIS that employment relation between MY NAME and Company A ended effective DATE. Mr. MY NAME resigned from Company A. Company A is providing this notice as required by USCIS regulations. Enclosed in a copy of the approval notice of H1-B>>

Will these wording constitute a revoke and/or cancellation of my existing H1-b.

Please advise, Thank you !!
 
Please Help - Thanks - Lu250

My job with company A was on H1-b visa, and it expires on 11-2009. I quit my job with company A and join company B. Because of the HR people at company B are very inexperienced, they haven't started my visa transfer application, while Company A has sent a note to USCIS and copied to me, which reads:

<<The letter is intended to notify the USCIS that employment relation between MY NAME and Company A ended effective DATE. Mr. MY NAME resigned from Company A. Company A is providing this notice as required by USCIS regulations. Enclosed in a copy of the approval notice of H1-B>>

Will the wording like these constitute a revoke and/or cancellation of my existing H1-b??

Please advise, Thank you !!
 
You quit A and joined B even before you have received H1 transfer application filed and you have received the receipt number?? You should not have done this.

The minimum requirement you to leave Company A and start working for Company B is atleast have H1B transfer application filed by B and got receipt number from USCIS.

Employers are supposed to cancel their H1 petition when the candidate is no more employed by the them. Hence your company A did as per regulations.

Please talk to B's attorney and find out a solution. Otherwise you might end up in Out of Status.
 
scorpion78 said:
You quit A and joined B even before you have received H1 transfer application filed and you have received the receipt number?? You should not have done this.

The minimum requirement you to leave Company A and start working for Company B is atleast have H1B transfer application filed by B and got receipt number from USCIS.

Employers are supposed to cancel their H1 petition when the candidate is no more employed by the them. Hence your company A did as per regulations.

Please talk to B's attorney and find out a solution. Otherwise you might end up in Out of Status.
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i know i have done something very very stupid, but pretty much that is what I did.. As a matter of fact, the new company B is Washington DC goverment, Is this situation somewhat savable, or i have died already. Is USCIS somewhat flexible, or NOT AT ALL. I'm so anxious and stupid. Many thanks for your response, deeply appreciate it ...
 
lu250 said:
My job with company A was on H1-b visa, and it expires on 11-2009. I quit my job with company A and join company B. Because of the HR people at company B are very inexperienced, they haven't started my visa transfer application, while Company A has sent a note to USCIS and copied to me, which reads:

<<The letter is intended to notify the USCIS that employment relation between MY NAME and Company A ended effective DATE. Mr. MY NAME resigned from Company A. Company A is providing this notice as required by USCIS regulations. Enclosed in a copy of the approval notice of H1-B>>

Will the wording like these constitute a revoke and/or cancellation of my existing H1-b??
---------------------YES YES, how you can join B if B has not sent H1 transfer petition to USCIS . B H1Transfer petition is not reached BEFORE the date above letter was sent then you are not on H1 status and USCIS will not approve your H1 transfer extension
Please advise, Thank you !!
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ginnu said:
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My I-140 (EB2-NIW) has been approved. I have submitted I-485 and it is still pending. Can I apply for EAD (I-765) to save myself, or it has been too late? I am a Canadain citizen, Can I go back to TN. Which option is better, EAD or TN ?

please advise.
 
lu250 said:
My I-140 (EB2-NIW) has been approved. I have submitted I-485 and it is still pending. Can I apply for EAD (I-765) to save myself, or it has been too late? I am a Canadain citizen, Can I go back to TN. Which option is better, EAD or TN ?

please advise.
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with pending I-485 you can stay in US. you can apply EAD AP based on pending I-485. it may take 75 to 90 days to get EAD once you file
for work you need EAD or H1 status
I dont know much about TN Realcanadian may answer.
 
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