PLEASE HELP... H1 Transfer Issue/Termination of Employment ..

[mysticblue]

I'm on a H1B status and was initially working for Company A, with an approved Visa. I joined Company B and initiated a H1 transfer to them. I am on their pay role, however am on bench since i joined them. Its been 5 months and my visa transfer with Company B is still in Pending. Now, I have an offer from Company C, and am thinking about joining them.

Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.

1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.

2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?

3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?

4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?

5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?

Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.

 

[gopo]

Good luck

ask your lawyer for a case status check, be fast cuz company B is letting you go and transfer to company C while still in status. while your case is pending u are in status, update your case somehow to a new employer.
good luck

 

[ginnu]

I'm on a H1B status and was initially working for Company A, with an approved Visa.
I joined Company B and initiated a H1 transfer to them.
--------------------did you got H1 transfer filing reciept?
I am on their pay role, however am on bench since i joined them. Its been 5 months and my visa transfer with Company B is still in Pending.
--------------------by law B need to pay you. No Bench or table is allowed H1.

Now, I have an offer from Company C, and am thinking about joining them.
-----------------------will they company pay you?
Meanwhile, since Company B has not been able to find work,
-------------------- if they did not have job for you then why the employer B file H1 transfer for you? they need to pay you.
they have indicated a termination of my employment if i'm not placed in the project by end of this month.
Let them terminate AFTER they pay you for 5 months if they dont pay report to DOL and DOL will revover your wages.

I think i have no other optiion but to join Company C before my visa with Company B is cancelled.
----------------talk to Company C lawyer . I see a problem as you dont have Pay stub from B. USCIS may approve H1 for C without I-94 attached. explain the full situation to employer C lawyer
I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.
-----------------------Employer C can file H1 transfer with premium processing but you need to talk to C lawyer
1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress.
Note that I have worked with Company B for about 5 months.
-------but you were not paid for 5 months that makes you out of status.
2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?
----------------------------do you have latest Pay stubs from B??
3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?

4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?

5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?

Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.

-------------------you need to talk to good lawyer or company C lawyer

 

[mysticblue]

I'm on a H1B status and was initially working for Company A, with an approved Visa.
I joined Company B and initiated a H1 transfer to them.
--------------------did you got H1 transfer filing reciept?
----------------------------------------Yes, I have a H1 transfer receipt
I am on their pay role, however am on bench since i joined them. Its been 5 months and my visa transfer with Company B is still in Pending.
--------------------by law B need to pay you. No Bench or table is allowed H1.
---------------------------------------I was on bench, but was getting payed. I have pay stubs till date
Now, I have an offer from Company C, and am thinking about joining them.
-----------------------will they company pay you?
----------------------------------------Company C has found a project for me and will start paying as soon as i join them
Meanwhile, since Company B has not been able to find work,
-------------------- if they did not have job for you then why the employer B file H1 transfer for you? they need to pay you.
----------------------------------------Company B trained me on a new technology and were supposed to find a project after that. However they couldnt find any
they have indicated a termination of my employment if i'm not placed in the project by end of this month.
Let them terminate AFTER they pay you for 5 months if they dont pay report to DOL and DOL will revover your wages.

I think i have no other optiion but to join Company C before my visa with Company B is cancelled.
----------------talk to Company C lawyer . I see a problem as you dont have Pay stub from B. USCIS may approve H1 for C without I-94 attached. explain the full situation to employer C lawyer
----------------------------------------Since I have paystubs from Company B, will that sill be an issue
I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.
-----------------------Employer C can file H1 transfer with premium processing but you need to talk to C lawyer
1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress.
Note that I have worked with Company B for about 5 months.
-------but you were not paid for 5 months that makes you out of status.
----------------------------------------Since i was paid for 5 months, and still on their payrol, i feel i'm still in Status. Is that correct ?
2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?
----------------------------do you have latest Pay stubs from B??
----------------------------------------Yes, all paystubs for 5 months, including latest one
3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?

4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?

5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?

Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.

Ginnu, thanks for you response. I have provided my comments in Blue above. Based on this information, what solution would suggest to come out of this situation ?

 

[ginnu]

Ginnu, thanks for you response. I have provided my comments in Blue above. Based on this information, what solution would suggest to come out of this situation ?

you have:
H1 transfer filing reciept of B
if you have Pay stubs from B after H1 transfer filing then I dont think you have problem. you are not out of status.

** if the company B is not going to Cancell Pending H1 for 25-30 days then you can upgrade the B H1 transfer with premium process and will get H1Transfer of B approved in hand in 20-25 days from the date you send Premium process and once you get H1 transfer of B approved then let C file H1 transfer before B revoke the H1.

C can also file H1 transfer with B H1 Transfer filing reciept+pay stubs of B.
Talk to company C employer and let them file H1 transfer. Provide the full details to company C lawyer.
Good Luck!!

 

[mysticblue]

-------------------you need to talk to good lawyer or company C lawyer

Thanks Ginnu.

Applying for premium processing with Company C using Company A's approval and Company B's receipt + Pay stubs seems to be best option.

1. Should I resign from B only after getting a transfer receipt from C, or only after getting visa approval from C ?
2. Other way, if B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?

 

[ginnu]

Thanks Ginnu.

Applying for premium processing with Company C using Company A's approval and Company B's receipt + Pay stubs seems to be best option.

1. Should I resign from B only after getting a transfer receipt from C, or only after getting visa approval from C ?
----------------------USCIS dont give Visa. USCIS can approve Or can deny the petitions,many mix visa stamp and status.Visa stamping in not under USCIS it is under DOS. once C file H1 transfer and you get H1 transfer filling reciept you can join C.
2. Other way, if B terminates my employment, and my transfer to C is still Pending, what will happen in such a case ?
------------------That is ok if H1 transfer filing from C is recieved by USCIS before B terminates my employment.

for more info you should talk to C lawyer.

 

[mysticblue]

for more info you should talk to C lawyer.

Fortunately, the situation has improved now. I just got to know from the USCIS site that my H1B transfer to Company B has been approved (Current Status: Approval notice sent.). So I think, I may now be able to directly transfer my Visa from Company B to C. However, I came to know that my current employer (B) takes a long time to hand over the approval notice to the employee (about a month). I don't think Company C can wait that long for initiating the new H1B transfer. Also, the termination deadline of August end from Company B still remains, which means that I have to transfer to C before end of this month.

1. If getting the approval notice from B gets delayed, can I use the receipt from B to transfer my visa to C ?

2. If not, is there any other alternative I can go with ?

 

[ginnu]

Fortunately, the situation has improved now. I just got to know from the USCIS site that my H1B transfer to Company B has been approved (Current Status: Approval notice sent.). So I think, I may now be able to directly transfer my Visa from Company B to C.
------------------------yes you can
However, I came to know that my current employer (B) takes a long time to hand over the approval notice to the employee (about a month).
-------------------if your present H1 is going to expire then inform him that you want to visit Canada or Mexico for one day and you need the approval notice so that on entery to US you will get I-94 till your H1 approval notice if he says that you have valid Visa for few days then inform that with that visa the I-94 you will get is going to be till Visa expiry date and let him inform about Last Action rule.
I don't think Company C can wait that long for initiating the new H1B transfer. Also, the termination deadline of August end from Company B still remains, which means that I have to transfer to C before end of this month.

1. If getting the approval notice from B gets delayed, can I use the receipt from B to transfer my visa to C ?

2. If not, is there any other alternative I can go with ?

1 take the online status printout of H1B approval.
you need to talk to company C lawyer

 

[mysticblue]

1 take the online status printout of H1B approval.
you need to talk to company C lawyer

I talked with Company C Immigration team, and they are ready to file the transfer using Approval confirmation printout from the USCIS site.

 

[mysticblue]

I talked with Company C Immigration team, and they are ready to file the transfer using Approval confirmation printout from the USCIS site.

Hi ginnu,

As we discussed in the above posts, my H1B transfer to B was approved recently (however i am waiting for the approval notice hard copy). I have now initiated transfer my H1B to Company C using the transfer receipt from B and the confirmation printout from the USCIS site. I am about to resign from Company B and have about a week to join C. I might not be able to wait till B provides me the approval notice hard copies.

1. I havent received the hard copies of my transfer approval to B, and if B refuses to provide me the approval notice once I resign there, is it OK to move on without having the approval notice from B ?

2. Can i legally stay in the US, using the new receipt from C and the approved notice from A (i may not the approval notice from B, if they refuse to give me) ?

3. I have H1B stamping and I-94 valid until Feb 2010. If I were to travel to India before my visa transfer to C is approved, how can I go about it ?

3. At a later point of time, will USCIS ever ask for the approval notice from B (in the form of a RFE), when they are in the process of approving my visa transfer to C ?

 

[ginnu]

Hi ginnu,

As we discussed in the above posts, my H1B transfer to B was approved recently (however i am waiting for the approval notice hard copy). I have now initiated transfer my H1B to Company C using the transfer receipt from B and the confirmation printout from the USCIS site. I am about to resign from Company B and have about a week to join C. I might not be able to wait till B provides me the approval notice hard copies.

1. I havent received the hard copies of my transfer approval to B, and if B refuses to provide me the approval notice once I resign there, is it OK to move on without having the approval notice from B ?
------------------------By law employer must provide the copy of H1 approval notice. first ask the employer for approval notice(if he refuses keep the evidence that he refused to give you H1 approval notice)
2. Can i legally stay in the US, using the new receipt from C
----------------------------------YES
and the approved notice from A (i may not the approval notice from B, if they refuse to give me) ?

3. I have H1B stamping and I-94 valid until Feb 2010. If I were to travel to India before my visa transfer to C is approved, how can I go about it ?
-------------------- you can go to India that is not a problem. when you enter US at POE you will get I-94 till your Visa stamp (Feb 2010). keep the C employer letter that you are wporking with them and H1 transfer filing reciept(show only if asked). If your H1 transfer gets approved while you are out of US then C should send you H1 transfer approval and at POE show your Valid Visa stamp AND H1 transfer approval notice and you will get I-94 till H1 Transfer approval notice.
3. At a later point of time, will USCIS ever ask for the approval notice from B (in the form of a RFE), when they are in the process of approving my visa transfer to C ?
------------------They can ask and C Lawyer who filed H1 transfer can get the copy of your H1 approval from B OR USCIS may find in the system that your H1 for B was approved.USCIS is unpredictable .

---------------------- for more info talk to company C lawyer

 

[oct78]

Overlap in jobs during H1B Transfer

Hi,

I could not find how to post a new thread in the forum, so adding my question here.

I am working for Company A on H1B visa, have a contract with them till 30th Sept. I got a new job with Company B who will transfer my H1 visa but they want me to start ASAP. Is it possible in anyway to start this new job with Company B on Sep 18 and terminate the old one (Company A) ONLY on Sep 30. I was thinking of taking leave from old employer from Sep 18 to Sep 30. Is that legal or do I have any other options ? Is it legal to have an overlap in old and new jobs on H1B visa. Will really appreciate if anyone can provide info/advice on the situation.

Thanks,

 

[ginnu]

Hi,

I could not find how to post a new thread in the forum, so adding my question here.

I am working for Company A on H1B visa, have a contract with them till 30th Sept.
I got a new job with Company B who will transfer my H1 visa but they want me to start ASAP.
-------B need to file H1 transfer and you can join once get the H1 transfer filing reciept OR evidence that H1 transfer is filed and recieved by USCIS. Is it possible in anyway to start this new job with Company B on Sep 18 and terminate the old one (Company A) ONLY on Sep 30.
-----Read above
I was thinking of taking leave from old employer from Sep 18 to Sep 30.
---------------------you can take
Is that legal or do I have any other options ?

Is it legal to have an overlap in old and new jobs on H1B visa. Will really appreciate if anyone can provide info/advice on the situation.

Thanks,

Take leave or dont take leave. You should join B once H1 transfer filing has reached USCIS. ask the B lawyer for evidence then join B.

 

[oct78]

Take leave or dont take leave. You should join B once H1 transfer filing has reached USCIS. ask the B lawyer for evidence then join B.

Thanks ginnu. I will be joining company B only after H1B transfer filing has reached USCIS. My main concern is if I can overlap two jobs from Sep 18 to Sep 30. Need to start new one on Sep 18 (after H1 transfer receipt) and cannot leave old job before Sep 30. Will it be legal on H1 to have two jobs for few days ?

Thanks,

 

[ginnu]

Thanks ginnu. I will be joining company B only after H1B transfer filing has reached USCIS. My main concern is if I can overlap two jobs from Sep 18 to Sep 30. Need to start new one on Sep 18 (after H1 transfer receipt) and cannot leave old job before Sep 30. Will it be legal on H1 to have two jobs for few days ?

Thanks,

you should talk to comppany B lawyer for more info