Recording Available for July 23, 2020 Free Community Conference Call with Attorney Rajiv S. Khanna

Status
Not open for further replies.
#21
Hello Sir,
I have my i797A approved until June 2021 through my current employer, and due to change of location in the client, my employer has applied for amendment last month in normal processing. I got a new job offer with a direct full time role with a product company and they are have agreed to do my h1b transfer. So my question here is,
1. can the new employer use my baseline i797A petition to use the transfer or should they wait until my amendment petition filed by my current employer is approved, to use that and file the h1b transfer?
2. if the amendment petition is approved, will my original baseline petition be invalid automatically?
3. also I am planning to join the new employer only after the h1b transfer is approved (since they are doing premium processing), to avoid any problems if the transfer is denied. So I want to know what day will be counted as I joined the new employer and stopped working for old employer- the day I sign the i9 or the day the h1b transfer is approved or the day I accepted the offer? I want to inform my current employer about this new offer only after the h1b transfer is approved, will that be legally acceptable?

Thanks,
Sara
 
#22
Dear Mr.Rajiv,

I came to the US on B2 and my I-94 is valid until 21st July 2020. Since there are no international flights into India, I applied for an extension in June, requesting a stay for 6 more months. I have not heard from USCIS since then. I would like to know of the consequences that would occur in case I travel to India while the i539 application is pending.
a. Will leaving the US while i539 is pending affect my future travel into the US?
b. Do I have to stay in the US and wait until USCIS makes a decision.

Thank you.
 
#23
Hi Rajiv,

Thank you for free consultation service :)

Situation:
My initial OPT ended on July 16, 2020 and STEM OPT got approved recently for 2 years duration (July 17, 2020 to July 16, 2022). I have the receipt notice of STEM OPT, hoping to receive approval notice in a few days. There is a 3-4 week delay in EAD card printing, so I'm expecting to get STEM OPT EAD card in a few weeks from now.
I have 1 year contract with current employer (Dec 2019 to Dec 2020) and am changing employers now. Since my STEM OPT began on July 17, 2020, if I change employers I need to submit final evaluation form I-983 for current employer and new form I-983 for new employer. I don't expect the current employer to sign final evaluation form I-983, and current employer might also avoid paying me salary for the month of July 2020 because I'm breaking their contract. I'm starting work at new employer on July 27, 2020.


Question:
1. I have heard employment is at-will in USA, xo I should be able to change employers without any legal liabilities. Is this the right assumption?
2. Is it okay if I put resignation date for current employer as July 16, 2020? I'm saying July 16 because my initial OPT ends on July 16 and I won't have to ask current employer to sign final evaluation form I-983. Is this a good way to go?
3. Since I can do volunteer work on initial OPT and I am not expecting current employer to pay salary for the month of July 2020, is it fine if I show that I am employed for current employer from July 1, 2020 to July 16, 2020? Asking this because I might not have pay stubs to show for this period of employment even though I'm actually working here.
4. My joining date for new employer is July 27, 2020. To be extra safe I'm thinking of leaving current employer only after I've joined new employer and signed all employment and tax forms with new employer. Is it okay to notify DSO 10 days later (on July 27, 2020) that I terminated previous employment on July 16, 2020?
5. Since I need paid job for STEM OPT and I'm joining new employer on 27 July, 2020 I hope it's fine to show that I'm unemployed for 10 days from July 17, 2020 to July 26, 2020?
6. If you have any suggestions on how to deal with this situation or any followup questions, please let me know.

Thank you very much!
 
Status
Not open for further replies.
Top