I was working for company ABC. I had a valid H1 visa and I-797 from company ABC and I-94 card expiring in 2011.
Company ABC was ACQUIRED by Company XYZ.
I joined Company XYZ as part of that acquisition on 16 June 2009 and submitted all my immigration paperwork before joining XYZ.
On 6 November I was told that I would be laid of and that November 20 would be my last day at Company XYZ.
When asked HR for my new H1B transfer approval I-797, which should have been done by the HR before my joining date, as part of on-boarding process.
The HR told me that for some reason they "FORGOT" to initiate my H1 transfer process.
HR along with companies attorneys from Fragomen, told to me that my past 5 months of work for Company XYZ was illegal because they did not do the transfer paperwork for my legal employment in US. This also means that owing to the HR's glitch, I have ended up being in an illegal status in US for last 5 months.
I have all other employment related documentation from Company XYZ, including pay stubs, offer letter, employment agreement, bonus letters, ID badge, I-9 form.
Below are my questions -
1. Should I complain about this to DOL / USCIS to safeguard my situation?
2. Do I have any rights against the company as this happened to me without my fault?
3. I have I-797 from company ABC and recent paystubs from Company XYZ. I also have documents to prove that ABC was acquired by XYZ and I was part of acquisition - will my H1 transfer get approved?
4. What are my chances to re-enter the country in future on H1B or on any other visa?
5. What are the procedures for any employer to file for a H1B transfer (consular process) for me while i am in india, considering my current situation?
6. Any other advice?
Company ABC was ACQUIRED by Company XYZ.
I joined Company XYZ as part of that acquisition on 16 June 2009 and submitted all my immigration paperwork before joining XYZ.
On 6 November I was told that I would be laid of and that November 20 would be my last day at Company XYZ.
When asked HR for my new H1B transfer approval I-797, which should have been done by the HR before my joining date, as part of on-boarding process.
The HR told me that for some reason they "FORGOT" to initiate my H1 transfer process.
HR along with companies attorneys from Fragomen, told to me that my past 5 months of work for Company XYZ was illegal because they did not do the transfer paperwork for my legal employment in US. This also means that owing to the HR's glitch, I have ended up being in an illegal status in US for last 5 months.
I have all other employment related documentation from Company XYZ, including pay stubs, offer letter, employment agreement, bonus letters, ID badge, I-9 form.
Below are my questions -
1. Should I complain about this to DOL / USCIS to safeguard my situation?
2. Do I have any rights against the company as this happened to me without my fault?
3. I have I-797 from company ABC and recent paystubs from Company XYZ. I also have documents to prove that ABC was acquired by XYZ and I was part of acquisition - will my H1 transfer get approved?
4. What are my chances to re-enter the country in future on H1B or on any other visa?
5. What are the procedures for any employer to file for a H1B transfer (consular process) for me while i am in india, considering my current situation?
6. Any other advice?