laid off during H1 transfer process

Y

yadavns

New Member
Hello,

Initially I worked for a company A. I then got an offer from company B and i accepted this and they required me to start working for them immediately. I did start working for them immediately expecting that they would file for H1b transfer immediately. I haven't resigned with Company A and they don't know that i am working for company B either.

Company B applied for H1B transfer after one month since i started working for them. I was getting paystubs from company B all the time i worked.

After couple of days from H1Transfer applied date i received the h1 transfer receipt number. Current status shows as pending. The very next day I got laid off from Company B. Company B attroney suggested that i should find another job ASAP to avoid any complications.

My questions:
1) in this circumstance what is the best option that i should consider?
2) Can i go back to my old company A even though i worked and got payed from company B?
3) What will happen if i can't find a job ASAP?
4) Do i have to apply for change of visa status from H1B to be on safe side in terms of legality.
5) What happens if i find another employer and h1 Transfer with Company B still doesn't get issued?

Thanks in advance

Please Help !!!!!! :confused:
 
yadavns said:
Hello,

Initially I worked for a company A. I then got an offer from company B and i accepted this and they required me to start working for them immediately. I did start working for them immediately expecting that they would file for H1b transfer immediately. I haven't resigned with Company A and they don't know that i am working for company B either.

Company B applied for H1B transfer after one month since i started working for them. I was getting paystubs from company B all the time i worked.

After couple of days from H1Transfer applied date i received the h1 transfer receipt number. Current status shows as pending. The very next day I got laid off from Company B. Company B attroney suggested that i should find another job ASAP to avoid any complications.



My questions:
1) in this circumstance what is the best option that i should consider?
2) Can i go back to my old company A even though i worked and got payed from company B?
3) What will happen if i can't find a job ASAP?
4) Do i have to apply for change of visa status from H1B to be on safe side in terms of legality.
5) What happens if i find another employer and h1 Transfer with Company B still doesn't get issued?

Thanks in advance

Please Help !!!!!! :confused:
Click to expand...


You accepted the payments from company B before you applied for H1 transfer. This is illegal. This can hurt you.

If your company A is ready to keep you I think you can withdraw the transfer request and your old H1 should be OK. But discuss with your attorney about the implications of accepting payments before H1 transfer request was submitted.
 
Withdrawing the transfer is quite possible but is it OK and legal to do that and go back to Company A? Company B ran its payroll on my name and ofcourse the W2's will also be on Company B name. So is it fine to go back to Company A. and besides i am not sure how company A is gonna react.

I will be able to discuss this with attorney not untill tomorrow. Meanwhile any other suggestions or advice on what options i got to consider?

Thanks a lot
 
Any comments and thoughts on the suggestions i got ? below are the answers to my questions.

based on discussions with attroney:

1) in this circumstance what is the best option that i should consider?

Get Job ASAP. Petition from New job/employer should intersect the petition applied by company B

2) Can i go back to my old company A even though i worked and got payed from company B?

Not advisable. Going back to old employer at this point could become an issue when applying for green card

3) What will happen if i can't find a job ASAP?

Two options. One - get Job ASAP. Second - if it gets hard to find a job change visa status to some non work status.

4) Do i have to apply for change of visa status from H1B to be on safe side in terms of legality.

this is last option

5) What happens if i find another employer and h1 Transfer with Company B still doesn't get issued?

this is exactly what we need.
 
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