H1B - Change of Employer

J

jponnada

New Member
Hello UnitedNations and other Gurus,

I need your advice regarding my H1B - Change of Employer issue.

I have joined Company A in Apr 2002 on H1B. As Company B is process my GC from CA, with mutual consent Company A has subcontracted my to Company B as on Oct 01, 2004. I have paycheck from Company A for the period ending Sept 30, 2004.

I have called my attorney to file for 'Change of Employer' or Transfer (not sure of the correct legal term. She says that I have file for the said petition before I change my employer and not afterwards. I was not aware of it. Today I have asked my Company A to extend my employment with them till Oct 15th. Company A being an american company is not willing to do that.

I have sent all the papers to my attorney yesterday and hopefully she will file the transfer today.

I want to ask you guys, whether this lapse will cause any problem.

In reality I didn't resign from Company A formally or they did terminate me. I still work on the same project. I really dont know why my lawyer is making a big issue. I would like to know how 'big' is the problem. BTW, the reason for changing employers is Company B has filed my I-140 and I-485. I have approved EAD and AP that were filed along I-140.

Kindly advise.

Thanks in advance.
 
Thanks UnitedNations for your quick response.

Excuse me for using wrong terminology. I'm novice.

Company A will no longer run my payroll. I should/will be getting my paychecks from Company B hereafter. I have requested Company A to "sell me" to Company B as Company B is sponsoring my GC.

Company B cant wrestle much with A as they were considerate to let me go to B. I'm working on a long term project intially contracted to Company A and I didnt want to lose it.
 
Sure I will, UN. Your words are assuring. Filed I-140 EB-3 Conc in June 04 at CSC. After reading your valuable posts in GC forums, I have decided to remain on H1B as long as I can or my I-140/I-485 approval. I still have 2 1/2 yrs for the six year limit.

Thank you.
 
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