H1-B Transfer & Portability after Unpaid leave

R

raks100

Registered Users (C)
My wife is on an H1-B status with company A whose main office is in North East. I had to relocate south ward. She’s on unpaid leave at present She has a job offer from Company B, which is closer to where we live and she’s planning for an H1-B transfer.
I would appreciate any answers for my following queries

1) What’s the process involved?

2) Her last pay-stub was in December she has been on unpaid leave since then Would this affect her H1- B transfer?

3) Will she be eligible for the H1-B portability provisions? … Can she start working as soon as the I-129 is filed ?

Jim / Jaxen I would appreciate Ur counsel on this...

Thank you

Raks
 
Still a grey area

The actual practices vary based on the lawyer and service centers.
But here is my take
1) Do a h1 to h1 transfer.
2) It might. Since it is not beyond 180 days her H1 transfer might not be denied. She might have to go out of the country to get a new I94 or stamp.

3) She might be. Once again it depends on the lawyer and service center. Consult a lawyer (with the new employer also involved in the decision). My assumption is that portability can be claimed. Otherwise if she has to wait till approval, she might be considered out of status for a longer period. So consider premium processing too. Act when you get the oppurtunity. Jobs are still scarce and you do not want to lose this oppurtunity.
 
No Title

Hi,
As far as my knowledge goes,if you don\'t get pay after 90 days you are illegal to stay in US,I don\'t think it is 180 days.
Basavaraj
 
Not benched or laid off... Jaxen/Attorneys?

Thanks Jaxen.

She\'s not benched or terminated from company A. In fact she approached them with notice of resignation. They wanted her to continue working for them. They offered her that she could go on personal leave while they try and arrange telecommuting arrangements for her most of the week and working for satellite office of the company 2 -3 days during the week. However this process was dragging along. She was getting ready to resign & We were about file for her H4 at which time this new offer came along. Her last pay stub was on December 7th 2001.
Technically she’s still employed by the company and on personal leave at mutual consent for an organizational change; she’s not benched or laid off.
1)Given these details do you think she’s out of status?
2) Can the H1 portability provisions be applied in her case(I have noted the Grey area in your reply), I mean which is more probable? Her processing center is going to be Texas.
3) Should her H1-b transfer package be sent out with out the pay stubs hoping to avoid a potential noose in the first place?

Thanks once again

Raks
 
shd be no problem

just get a letter from the present h1 company that she is on un paid leave but receiving benefits,, etcetc...

submit for h1 transfer ( premium processing) with the latest possible paystub, letter explainning leave of absence, and also a letter stating that she is actually on the pay rolls with benefits paid etc.. etc...

u shd be fine.

any attorney shd be able to help u with this.

t\
 
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