H1 Challenging Situation

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daaboo

New Member
Here is a challenging situation:

Employee worked for Company A and resigned his position after Company B filed for his H1B 'change of employer' petition through regular (non-premium) processing. He worked with Company B for a month (and also has the petition receipt notice made by Company B) and wishes to move to Company C as he realized Company B did not provide him with the committed responsibilities. Company C is willing to do a premium processing of H1B 'change of employer' which typically takes 2 weeks.

1.Can the employee resign his position in Company B and start working for Company C as soon as C petitions for a change of employer from B to C given that:

a)Company A would have already cancelled his status to work for them
b)Company B would cancel his visa petition for change (still with INS) as soon as he resigns

3.Does Co. B have to wait 4 months for the petition to get approved before it can cancel it.

4.Will petition made by Company C get approved in 2 weeks given that it is based on the 'receipt notice' of Company B's petition that is unlikely to be approved for the next 4 months.

5.What other complications can arise in this case that are not identified above
 
daaboo said:
Here is a challenging situation:

Employee worked for Company A and resigned his position after Company B filed for his H1B 'change of employer' petition through regular (non-premium) processing. He worked with Company B for a month (and also has the petition receipt notice made by Company B) and wishes to move to Company C as he realized Company B did not provide him with the committed responsibilities. Company C is willing to do a premium processing of H1B 'change of employer' which typically takes 2 weeks.

1.Can the employee resign his position in Company B and start working for Company C as soon as C petitions for a change of employer from B to C given that:

a)Company A would have already cancelled his status to work for them then you are not eligible for transfereing your H1 from A to B. You are out of status
b)Company B would cancel his visa petition for change (still with INS) as soon as he resigns You are out of status, you are not having comp Aa or B visa with you at this point of time
3.Does Co. B have to wait 4 months for the petition to get approved before it can cancel it. No not at all, they can withdraw the petition at any time even after approval
4.Will petition made by Company C get approved in 2 weeks given that it is based on the 'receipt notice' of Company B's petition that is unlikely to be approved for the next 4 months.(here , A& B cancel the petition before C approval you are not going to get any h1 approvals)

5.What other complications can arise in this case that are not identified above. Think many times before jumping
Click to expand...
 
Here is a challenging situation

GreatGuru,


Employee worked for Company A and resigned his position after Company B filed for his H1B 'change of employer' petition through regular (non-premium) processing. He worked with Company B for a month (and also has the petition receipt notice made by Company B) and wishes to move to Company C as he realized Company B did not provide him with the committed responsibilities. Company C is willing to do a premium processing of H1B 'change of employer' which typically takes 2 weeks.

1.Can the employee resign his position in Company B and start working for Company C as soon as C petitions for a change of employer from B to C given that:

a)Company A would have already cancelled his status to work for them
then you are not eligible for transfereing your H1 from A to B. You are out of statusEmployee had valid H1 at the time Co.B applied for his petition, so he is in status
b)Company B would cancel his visa petition for change (still with INS) as soon as he resigns You are out of status, you are not having comp Aa or B visa with you at this point of timeEmployee has Co.B receipt with INS pending-approval, so he can work with B per portability law

2.Can Company B withdraw petition, given the person was gainfully employed and got pay-cheque / pay statement for 2 periods (1 month)?

2a.Does Co. B have to wait 4 months for the petition to get approved before it can cancel it.No not at all, they can withdraw the petition at any time even after approvalDoes petition withdrawal usually take as long as petition approval once it is with INS


3.Will petition made by Company C get approved in 2 weeks given that it is based on the 'receipt notice' of Company B's petition that is unlikely to be approved for the next 4 months, and is likely to be withrawm / already withdrawn (depending on how fast it / INS acts)?

3a.If Company C petition gets approved, on what basis - since Company B has withdrawn petition?

4.Which petition is the employee valid to work with : Company C (who applied later but got it earlier) or Company B (who applied earlier but got it later)?

5.What other complications can arise in this case that is not identified above
1. Employee had a valid H1 petition with Co. A when Company B applied for his H1, so he was in status and per portability, he can work for B.Think many times before jumping That is the intent of this post to think aloud of the consequences and get ideas/experiences flowing
 
daaboo said:
GreatGuru,


Employee worked for Company A and resigned his position after Company B filed for his H1B 'change of employer' petition through regular (non-premium) processing. He worked with Company B for a month (and also has the petition receipt notice made by Company B) and wishes to move to Company C as he realized Company B did not provide him with the committed responsibilities. Company C is willing to do a premium processing of H1B 'change of employer' which typically takes 2 weeks.

1.Can the employee resign his position in Company B and start working for Company C as soon as C petitions for a change of employer from B to C given that:

a)Company A would have already cancelled his status to work for them
then you are not eligible for transfereing your H1 from A to B. You are out of statusEmployee had valid H1 at the time Co.B applied for his petition, so he is in status Your H1 may be approved but your I 94 will not come with it, because at the time of petition approval, A has cancelled your H1. So you need to go out and come back to start working and you can not work for B automatically.b)Company B would cancel his visa petition for change (still with INS) as soon as he resigns You are out of status, you are not having comp Aa or B visa with you at this point of timeEmployee has Co.B receipt with INS pending-approval, so he can work with B per portability law Provided A visa is not cancelled before B or C get approved.
2.Can Company B withdraw petition, given the person was gainfully employed and got pay-cheque / pay statement for 2 periods (1 month)?

2a.Does Co. B have to wait 4 months for the petition to get approved before it can cancel it.No not at all, they can withdraw the petition at any time even after approvalDoes petition withdrawal usually take as long as petition approval once it is with INS. Take just hours, because INS fees will not be refunded, by cancelling a petition USCIS get ride of one petition without sacrificing their fees


3.Will petition made by Company C get approved in 2 weeks given that it is based on the 'receipt notice' of Company B's petition that is unlikely to be approved for the next 4 months, and is likely to be withrawm / already withdrawn (depending on how fast it / INS acts)?

3a.If Company C petition gets approved, on what basis - since Company B has withdrawn petition?

4.Which petition is the employee valid to work with : Company C (who applied later but got it earlier) or Company B (who applied earlier but got it later)?

5.What other complications can arise in this case that is not identified above
1. Employee had a valid H1 petition with Co. A when Company B applied for his H1, so he was in status and per portability, he can work for B.Think many times before jumping That is the intent of this post to think aloud of the consequences and get ideas/experiences flowing
Click to expand...
 
H1B Challenging situation

Great Guru,

Thanks for your response.

Is it not normal for most ex-employers to cancel their H1 petitions. If so how do people move from one job to another in the US without their I94s getting invalidated.

I would imagine that is what the portability law was put in place for to handle switching from one employer to another without losing status.

Pl clarify.

Thanks
 
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