Same old Question, Still Continuing

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snehababu

Registered Users (C)
Hi All,
Though, you are tired of answering same kind of questions, I went thru the postings here already to get answers for my questions.. I did manage to get some information before posting here. So please answer my questions even if you are bored.. You are helping someone here.. Thanks again.

One of my close friend is on bench from Jan to till now with Company A and he did not get any pay checks from them but still Company A is marketing him. Company B is ready to sponser him. What are his options with Comapny B??.

1. Can H1 Transfer with the paycheck of Nov would be a good reason for RFE??. What percentage he will get approved.
2. Can he file new H1B Thru premium processing??.. In that case will INS question the reason doing new H1B instead of H1 Transfer??.. What percentage his case would be approved.
3. Can he file new H1B in regular process??.. In that case will INS question the reason doing new H1B instead of H1 Transfer??.. What percentage his case would be approved. Can he start working immed after applying in this case?/.

Let me know if you have answers. Greatly Appreciate any answers that helps.

Thanks.
 
Same answers

. Can H1 Transfer with the paycheck of Nov would be a good reason for RFE??. What percentage he will get approved.
I would take the position that the employer acted illegally by not paying him. However, he was in H-1 status and therefore should be eligible for a transfer. I\'ve never done one of these but I\'d love to give it a try sometime. My position would be that the employer\'s illegal actions shouldn\'t be held against him. Of course, this works better if he was actually working and can prove it. It also would help to be in the process of pursuing the former employer for unpaid wages.

You really need to address this with the attorney handling the H-1 since it certainly has risks. Since I\'ve never done this I can\'t estimate percentages (I won\'t be able to anyway since I know nothing about your friend\'s qualifications, the company, or the position.)

2. Can he file new H1B Thru premium processing??..

Yes.

In that case will INS question the reason doing new H1B instead of H1 Transfer??

They can, but I doubt they will. In any case, the reason is fairly easy to explain, the company had him illegally benched without pay.

What percentage his case would be approved.

It depends on your friend\'s qualifications, the company, or the position.

3. Can he file new H1B in regular process??..

Yes.

In that case will INS question the reason doing new H1B instead of H1 Transfer??..

Same answer as 2 above.

What percentage his case would be approved.

See above.

Can he start working immed after applying in this case?/.

There are no regulations for AC21, so the answer is debateable, but my opinion is no. Yes, I know the wording of AC21 seems to permit it but senior INS officials have indicated otherwise. We need regulations to say for certain. He situation is tricky enough, I wouldn\'t add illegal employment to his problems.

He REALLY needs to discuss this matter with the attorney who will be filing the case. Lots of what I said above is a matter of judgement and opinion on how to proceed. The answers could also change based on the desires of the company. Remember, in an H-1 filing, the EMPLOYER is the client.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
One more question

Thanks,
  I have one more question. I have a valid I-94 till July -2003 through company A.
If I do a new H1 through company B, do I have to go back to India for stamping as soon as i get H1 approval through company B?
Otherwise Can I wait till my current I-94 get expired?

I appreciate your answers….

Thank you
 
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