Out of status - Need guidance

S

ss1976

New Member
Hi,

I have H1B related question and i would appreciate if you can answer that.

Scenario : In Jan 2003 i joined X companny, later in May 2003 i joined Y company.
After 6 months of joining, i realize that my visa was never filed by Y company but they were running my payroll from past 6 months.

Y Company proposal : They say, we are doing ur premium processing for NEW H1B visa, you will goto some country like Canada/Mexico and will come back with new I 94 and at POE just show new approval.

BTW : I have a valid VISA stamp till year 2005 and valid I94. Also i have a xerox copy of "notice of approval" from previous company X and so far they havent cencelled my VISA.

1. Is this working making sense and can you see any problem in doing that.

2. I will be entering US with valid VISA from previous to previous employer and new approval of company Y. Do i need any other document.

Any input will be appreciated.

Thanks
SS
 
I think this is the only way they can cover this mess up. Only problem is you need paystubs from company X to apply for the transfer. So maybe the company has to do a new H1. Dont delay.
 
Need anything else ?

Hi Jaxen,

Thanks for the prompt reply.

What documents do i need to carry at POE. I am planning to carry valid VISA on my passport[old company but still valid] and approval notice of new company. Do i need anything else ?

Thanks in advance
SS
 
Hmm. I thought you did not have approval? Do you have a new I94 along with the H1 approval?
 
Hi ss1976,

How did your new employer filed ur new h1? Which pay stubs he used for applying new H1? My friend has a similar situation. Your inputs will be help to him.

Thanks
 
BE CAREFUL!!!

This situation is so fact specific that it is impossible to accurately answer without a thorough review. At the very least, you have been illegally employed for six months. Addidionally, there is a major issue regarding whether the prior employer has cancelled the visa, if the visa was cancelled you may be caught committing immigration fraud if you state that you work for that company.
 
Additionally, there is a major issue regarding whether the prior employer has cancelled the visa, if the visa was cancelled you may be caught committing immigration fraud if you state that you work for that company

-------- Company can only cancel H1b petition or revoke the petition and cannot cancel the Visa Stamp on passport (please correct me if I am wrong). I agree that the above person needs new H1b stamp before entering US
 
You are correct that the company can only cancel the petition. However, cancelling the petition cancels the I-94 and makes the service aware of the illegal presence. This can start the unauthorized presence clock and if that hits 180 days the 3 year bar is triggered.
 
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