throw new InvalidSequenceException()

[schung]

Hi, guys

I just got a job offer yesterday and am going to move from EB2 RIR (BEC, Phila) (07/2005) to PERM with new company. In this case, I will lose PD and everything, right?

Question:

I heard sequece of events are important in PERM, so I am being careful to take proper steps in switching jobs.

1. Tell current employer (A) about my leave. (2 weeks notice)
2. Ask new company(B) to start with taking over my H1B

What if B didn't get the notice before I start? Should I wait doing nothing?

How did you do that?

 

[gc_2006]

CAREFUL! This has nothing to do with PERM but can mess you up majorly.
1. Ask new company(B) to start with taking over my H1B
2. Wait until their lawyer has CONFIRMED! that H-1B has been filed (doesn't have to be approved)
3. Tell current employer (A) about my leave. (2 weeks notice)

This is very important! I had the same experience earlier this year - just comp B hadn't really filed all paperwork yet. After receiving 2 week notice comp A let me go immediately (early). Can you imagine the hassle that started?????

1. Tell current employer (A) about my leave. (2 weeks notice)
2. Ask new company(B) to start with taking over my H1B

What if B didn't get the notice before I start? Should I wait doing nothing?

How did you do that?

 

[schung]

Thanks

for sharing your experience.

I will make sure about that.

CAREFUL! This has nothing to do with PERM but can mess you up majorly.
1. Ask new company(B) to start with taking over my H1B
2. Wait until their lawyer has CONFIRMED! that H-1B has been filed (doesn't have to be approved)
3. Tell current employer (A) about my leave. (2 weeks notice)

This is very important! I had the same experience earlier this year - just comp B hadn't really filed all paperwork yet. After receiving 2 week notice comp A let me go immediately (early). Can you imagine the hassle that started?????

 

[gc_2006]

If you are daring, the 5/12/05 Yates memo has even outlines the following scenario:
While with comp A, have comp B file H-1B transfer - while transfer is pending file bridging transfer to comp C. This will only work if the whole bridge could have been approved (mainly transfer to 'B' in that case). This is to allow greater flexibility in job search for the visa holder. However personally I think you'd have to have suicidal tendencies to explore such a route

 

[knowDOL]

In 2002, I have come into this situation, ofcourse I did not know that we should not change companies until company B is approved. Company A laid off and got an offer with Company B (worst offer in my life) and filed H1B and got a better offer with Company C and filed H1 transfer from C giving Company B's petition number. Everything went well and I had to go my country's consulate for status adjustment as out of status based on I-94 for 2 weeks before joining company C.

If you are daring, the 5/12/05 Yates memo has even outlines the following scenario:
While with comp A, have comp B file H-1B transfer - while transfer is pending file bridging transfer to comp C. This will only work if the whole bridge could have been approved (mainly transfer to 'B' in that case). This is to allow greater flexibility in job search for the visa holder. However personally I think you'd have to have suicidal tendencies to explore such a route

 

[usnycus]

Also, just to be on safe side, quit firm-A only after receiving H1-B petition (for firm-B) receipt back from USCIS.

 

[newbies]

Here is what I did for my case.
1) Submit papers for new employer (B) to do H1B ASAP. It takes them a while to prepare all paperworks (week or so).
2) If you have dependents, try to sign the papers for your dependents same day when it is ready, since the company will not file your case until they receive your dependent case and file together.
3) Waiting for 7-14 days. Tell your company to inform law office that they don't need to send the hardcopy of your receipt to the company (just FAX and send e-mail to notice them). It could save few days.
4) Notice company A right after receiving the e-mail and confirm the date with company B.
5) 2 week later, join company B.