Need advice for my frnd

babjit

New Member
My Frnd is working for company X. He was intimated that his project is over this monday - March 31, and now his employer told him that his Visa will be cancelled if he doesn't get a project by Friday. Could you please advice what possible steps should he take to continue working here?
 
My Frnd is working for company X. He was intimated that his project is over this monday - March 31, and now his employer told him that his Visa will be cancelled if he doesn't get a project by Friday. Could you please advice what possible steps should he take to continue working here?


On H1, the employer must pay the employee all the time. Project or not, your friend is still an employee of the employer. If the employer cancels the H1 before it actually expires, your friend, I think, is eligible for a return trasportation by the employer.

Your friend could also look for another employer and transfer the H1 and start working for them after the transfer petition has been delivered to USCIS.

Not getting paid on H1 = out of status = problems in H1 transfer or COS = problems in GC = No good
 
Thanks for the advice.

He is able to find a new employer, but he is not sure how long it would take to get the receipt number for the H1 transfer. He is concerned of what if the cancellation petition from company X reaches first to USCIS. Does anyone have an idea on what happens then?
 
Thanks for the advice.

He is able to find a new employer, but he is not sure how long it would take to get the receipt number for the H1 transfer. He is concerned of what if the cancellation petition from company X reaches first to USCIS. Does anyone have an idea on what happens then?

If your frnd applies for a transfer and start working for the new employer once the petition has reached USCIS (Fedex Delivery confirmation), he is safe assuming he maintained his H1 status all along and he has pay stubs to prove this. He does not need to worry about the cnacellation.
 
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