H1B looking for a job after resigned

A

alli_son

New Member
I have an H1B valid 'till 8/23/07. However, I have resigned from my current job without having another job. My last day was 9/19/06. Now, I am looking for a job. A company was about to hire me and then said that their lawyer does not want to do the transfer as I voluntarily resigned from my job. They said there will be a gap in my paycheck that INS would not approve my petition. I said to the company that I have a paycheck dated 9/28/06 and will have another one dated 10/15/2006. I faxed them my 9/28/06 pay check, but I have not heard from them since. Do you think there will be a problem if they do my H1B transfer or will INS approve my petition. Another question, how long do I have to apply for another job? Will they always see my last pay stub? Am I currently in a legal status? What should I do to make my self legal being in the US? Please be kind to response to my questions. It will be greatly appreciated.

Thansk,
 
alli_son said:
I have an H1B valid 'till 8/23/07. However, I have resigned from my current job without having another job. My last day was 9/19/06. Now, I am looking for a job. A company was about to hire me and then said that their lawyer does not want to do the transfer as I voluntarily resigned from my job. They said there will be a gap in my paycheck that INS would not approve my petition. I said to the company that I have a paycheck dated 9/28/06 and will have another one dated 10/15/2006. I faxed them my 9/28/06 pay check, but I have not heard from them since.
------------- why did not you ask new employer to file H1 and then resign??? now if the past employer revokes your H1 petition before your H1 transfer papers reach USCIS you may face problems

Do you think there will be a problem if they do my H1B transfer or will INS approve my petition. Another question, how long do I have to apply for another job? Will they always see my last pay stub? Am I currently in a legal status? What should I do to make my self legal being in the US? Please be kind to response to my questions. It will be greatly appreciated.

Thansk,
Click to expand...
You have resigned from job and you may have problems if you dont get new job and new comany dont file H1 transfer ASAP
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Why to be my employer refused to file my petition

Why to be my employer refused to file my petition when their lawyer said they can't do it as I already resign? With the fact that I will have paycheck dated 10/15/06, I think they should do it, don't you? What role the premium processing can play here?

Thanks,
 
Well I guess you understand you screwed up big time. You should have understood the rules better before breaking them. Your new employer can choose to process/not process your H-1B. If the company goes by the lawyers word they might not be willing to do it, but if you can convince them premium processing should work. But the problem now might be that they might think you are irresponsible and maybe rethinking their decision to hire you. Try to offer a workout with your new employer and see if you can find your own lawyer and pay for your transfer.
 
alli_son said:
I have an H1B valid 'till 8/23/07. However, I have resigned from my current job without having another job. My last day was 9/19/06. Now, I am looking for a job. A company was about to hire me and then said that their lawyer does not want to do the transfer as I voluntarily resigned from my job. They said there will be a gap in my paycheck that INS would not approve my petition. I said to the company that I have a paycheck dated 9/28/06 and will have another one dated 10/15/2006. I faxed them my 9/28/06 pay check, but I have not heard from them since. Do you think there will be a problem if they do my H1B transfer or will INS approve my petition. Another question, how long do I have to apply for another job? Will they always see my last pay stub? Am I currently in a legal status? What should I do to make my self legal being in the US? Please be kind to response to my questions. It will be greatly appreciated.

Thansk,
Click to expand...

You are of status since 09/19/2006. Pay Check does not help. USCIS can refuse to extend the H1 status.

You have visa stamp valid until H1B 8/23/07. It does not help much either, as visa stamp is used for US Entry.

Why did you resign without having backup plans?

You are out of status. Take some action Now.
 
I agree you are out of status. If you cannot change status immediately (although you may have issues), your best bet is leave the country, and have your employer then apply for H1B, and when approved (employer can use premium processing) you can apply for a visa abroad, and then reenter. Also your employer must apply for a new H1b he cannot do transfer. Good luck!
 
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