H1 B question URGENT

Vijay Raj

New Member
I am working for a comany A and got my new H1 for company B. Is it legal for me to start working for company B with out the new Visa on my passport ? How long can I work for this company before getting the new Visa ?
 
Yes - the visa stamp is a travel document

As long as the petition was applied for and approved as a transfer (I-94s were issued) you can work indefinitely (as long as the I-94 is valid).

Jim

James D. Mills
(formerly Jim M)
Attorney at Law
jdmills@justice.com
732-644-5702
 
H1-B Transfer - Very urgent

Hi,
Could anyone kindly tell me what documents and fees are required for the transfer of an H1B visa from one company to another? Do we still file the $1000 fees plus $110? Do we need to file form I-129 or I-539? A quick response will be greatly appreciated. Thank you.
 
No Title

The form numbers remain the same, but check out the web site, the filing fees have changed. The $1000 training fee is supposed to be paid by the employer. But if you are planning for taking the "fast" route, you could attach the $1000 for premium processing. Here also these fees could have changed, and check out the INS website for the latest fee structure.
 
H1 Visa termination and benefits

Hi ,
I would like to request you to help me by giving your
valuable information regarding following question.

I have worked with my employer for past 1year and 4
months, now my project at cient place is going to over
by 1st march 2002. Employer called me a said he cant
support me after march so I need to find another
employer or go back to India. I have 2 weeks of paid
vacation and 6 sick leaves, he says he wont encash
those things to me unless if avail that leave before
march 1. My question is, When he terminate me or if I
resign the job, do the employer is liable to give me
my paid vacation and sick leave encash amount. ? , If
he is not paying what should I do ? He is holding my 2
months salary also? How can I take leagal action for
this

Please advise me on this
Thanking you
Naheed
 
re:

Thank you very much for the response! From your email, I understand that I would need to file form I-129 along with all other supporting documents. Since this is an H1 transfer, would I still need to file the prem. proc. fees of a $1000 or is this regardless of a new H1b or transfer of H1b? I checked out the INS website and the appln. fees have increased to $130.
Pls. confirm, thank you!
 
Answers

When he terminate me or if I resign the job, do the employer is liable to give me my paid vacation and sick leave encash amount. ?

It depends on the state and company policy

If he is not paying what should I do ?

It depends, he may not be doing anything wrong. I\'d suggest that you contact an attorney licensed in your state to discuss the matter more fully.

He is holding my 2 months salary also?

I\'d suggest that you contact an attorney licensed in your state to discuss the matter more fully.

These are really more employment law issues than they are immigration issues and, as such, the answers may vary from state to state.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
No Title

Since this is a transfer and you would fall under the category of AC 21, new rules, you may choose not to go for premium processing, as you are entitled to start working after your petition reaches the INS and you are awarded a case number.
 
Debasis --> AC21 interpretation

Does the company sponsoring H1Transfer need to do something special for doing H1 transfer via Premium Processing (besides extra 1000 bucks)? Does it need to declare some reasons for expedited process at all ?
 
forms and filing fees

Thank you so very much for your response!
So if we file for H-1b transfer process, then we need only pay the transfer fees of $1000 plus $130 and need not apply for premimum processing as once a case # has been assigned employee seeking transfer can start working, am I right? Premium Processing may be deemed unnecessary for H-1b transfers and would only add to the cost?
I will appreciate your reply. Thank you again. :)
 
H1B transter using premium processing vs regular processing

My company split last month and I started working for newly formed company and getting pay stubs with new company. I am in the process of filling H1B transfer for this new company and at the same time I am looking for a new job.
What would be the safest route for me?
(1) Get the new H1B approval using premium processing? And then look for different job.
Or
(2) Have this transfer go in a regular fashion, which is taking 3-4 months now days. And I keep looking for better opportunity – what would happen if I get better job in this waiting 3-4 months timeframe.
I am in urgent need for your suggestions – as I have to be bear all the cost associated with this transfer. Please reply.
Thanks
 
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