H1B Visa transfer
ggg
My current H1B is stamped and expires on 01 Nov 2003. However my
employer is running out of funds and is being forced to shutdown. 04
April 2003, is going to be my last day (this is not voluntary, I am
being laid off).
I have a new job offer and my new employer is willing to file for a
transfer. Although I am not very happy with the offer, I would like to
accept it to keep my status legal. And would ask them if I could join
them in June. (Verbally they have agreed for this)
During the 2 months I will be looking around for other options.
If nothing else comes out, I will be taking the offer I have now. Is
it ok to not have pay stubs for these 2 months? Will this lead to any
future complications, like during GC processing?
If something better comes up, lets say some time in the end of May,
will I be in a position to accept this offer? Can I still apply for a
transfer?
I am quite confused right now. And will appreciate any responses.
Thanks a lot.
Raj
Elizabeth K
employer as soon as BCIS recieves your bona fide petition for a new
employer. Bona fide means you really want to work for them when a petition
is filed. (It will be up to BCIS's discretion to question your intentions
when later (a month or two later) you file another petition for another
employer)
Being laid off in April and starting a new job in June presents a problem.
What do you think your legal status will be in between? Probably none.
There is a chance that it would go unnoticed, but I certainly wouldn't
recommend this course of action.
"ggg" <kro5...@yahoo.com> wrote in message
news:4d6f477c.03032...@posting.google.com...
Elizabeth K
employer as soon as BCIS recieves your bona fide petition for a new
employer. Bona fide means you really want to work for them when a petition
is filed. (It will be up to BCIS's discretion to question your intentions
when later (a month or two later) you file another petition for another
employer)
Being laid off in April and starting a new job in June presents a problem.
What do you think your legal status will be in between? Probably none.
There is a chance that it would go unnoticed, but I certainly wouldn't
recommend this course of action.
--
Elizabeth Krukova
www.immigrationcapital.com
"ggg" <kro5...@yahoo.com> wrote in message
news:4d6f477c.03032...@posting.google.com...
Ingo Pakleppa
you are allowed to start as soon as the petition is filed.
I don't think that you HAVE to start immediately, though. AC21 gives you
the right to work while the transfer is pending - but I don't think it
imposes the obligation. As soon as you quit your old job without the new
H-1B approval, your status would change from H-1B to "H-1B transfer
pending". This one is, in my layman's opinion, a valid status even after
AC21.
ggg
1. So is it ok to file for a new H1B transfer while my status is "H1-B
transfer pending"? In California, the speed at which INS processes
applications, it looks like I will be in this status for 6 months or
more.
2. Also does my employer have to pay for my return ticket? (I am not
going back right now, but could use the ticket later) The original
petition which my current employer filed to INS explicitly states this
(word by word)
"Should he be dismissed prior to the expiration if his H1 visa, the
company will be responsible for his transportation aboard"
what does that aboard mean? I am from India, and I am hope it means
India and not Guantanamo. :)
What is the course of action, I should take if my employer does not
entertain this? Can I file a complaint with the DOL/INS?
"Ingo Pakleppa" <ingo-imm...@kkeane.com> wrote in message news:<pan.2003.03.26....@kkeane.com>...
Elizabeth K
your current status is "transfer pending" (for example your 2nd employer
files H-1B petition and you find a 3rd employer while application is
pending). I saw some attorneys opine differently on the issue, but I
believe you can.
2. Your employer is obligated only for the ticket "home", not to Guanta....
Even if you want to fly to this Guanta.... your employer can lawfully refuse
to pay.
3. You can file a formal complaint, but I really hope you resolve the issue
amicably.... It is enough that employers are already terrified to hire
foreign workers (for different reasons) and it makes it difficult to find a
job for other foreign nationals. Sorry, I'm kind of thinking too globally
here...
--
Elizabeth Krukova
www.immigrationcapital.com
"ggg" <kro5...@yahoo.com> wrote in message
news:4d6f477c.03032...@posting.google.com...
Ingo Pakleppa
> Thanks a lot Ingo and Elizabeth. I have some follow up questions?
>
> 1. So is it ok to file for a new H1B transfer while my status is "H1-B
> transfer pending"? In California, the speed at which INS processes
> applications, it looks like I will be in this status for 6 months or
> more.
Yes. As Elizabeth pointed out, not everybody may necessarily agree with
this,though.
> 2. Also does my employer have to pay for my return ticket? (I am not
> going back right now, but could use the ticket later) The original
> petition which my current employer filed to INS explicitly states this
> (word by word)
They only have to do that if you actually return home. This rule is not
for your benefit, but rather to ensure that the US government won't have
to pay for it. After you cease to work there, the employer no longer has
that responsibility - either your new employer has it, or you yourself,
depending on what you change to.
> "Should he be dismissed prior to the expiration if his H1 visa, the
> company will be responsible for his transportation aboard"
To a place that will accept you. In practical terms, it would be India for
you.
> what does that aboard mean? I am from India, and I am hope it means
> India and not Guantanamo. :)
>
> What is the course of action, I should take if my employer does not
> entertain this? Can I file a complaint with the DOL/INS?
See above. This is not for your benefit, so a complaint is not
appropriate.
amitb...@gmail.com
My Name is Amit and I work for Bitsoft International, Inc, We Bitsoft International, Inc is looking for candidates who are looking for their H1B visa Transfers.
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Please send your updated profiles along with complete contact details at my mail ID am...@bitsoft.com
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Following are some of the benefits which our employees enjoy. Please feel free to write back to me in case you would like to have more details on any of the below
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Green Card Processing.
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If you are interested in this opportunity, please respond back with an updated copy of your word-format resume. In addition to your resume please provide the following information:
* Your current Location (city and state):
* Contact number/Alternate number:
* Are you willing to relocate, do you have any location restrictions, and do you have any preferred locations:
* What is your current compensation:
* What is your expected compensation:
* What are your Primary Skills:
* Legal Status: H1B Holder / US Citizen / Green Card Holder:
* Date of availability:
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* Best number and time to reach you:
If you are currently available and interested in this opportunity, please call me ASAP at 630.206.4036