I now have an offer from another company.
1. Is it possible to do a H1B transfer or do I need to apply for a new
visa? (My last paycheck is a month old). Any pros and cons?
2. If I have to apply for new visa through premium processing, do I have to
return to my home country (India) or can I simply continue to work after the
new H1B approval?
Thank you in advance for your help.
>My old employer shut its doors a month ago (but haven't informed INS since
>the company assets are still in the process of being liquidated).
>
>I now have an offer from another company.
>
>1. Is it possible to do a H1B transfer or do I need to apply for a new
>visa? (My last paycheck is a month old). Any pros and cons?
You are out of status. If you already have a new employer lined up, it
will probably be possible to apply for a transfer and ask INS to
excuse you falling out of status. Have the new employer hire a
competent attorney and ask him for guidance.
>2. If I have to apply for new visa through premium processing, do I have to
>return to my home country (India) or can I simply continue to work after the
>new H1B approval?
It depends on whether INS excuses you falling out of status. In any
case, since you are out of status, you won't be able to use the
transfer provision, and would have to wait for approval of your H-1B
before you can start working.
Ingo
I am not a lawyer and this is not legal advice.
For reliable advice, please consult with a
professional immigration attorney.
For further information, check the following
frequently-requested links.
For many questions, you may find answers at
http://travel.state.gov/visa_services.html
(Department of State)
or
http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees,
find your consulate in
http://travel.state.gov/links.html
For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html
For DOL Online Labor Certification:
http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage
to US citizens (I-864), go to
http://travel.state.gov/i864gen.html
and
http://travel.state.gov/checklist.html
For information on entering the US as a K-1:
http://www.k1poelist.com/
For poverty levels, see
http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept.
of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please
watch out for privacy, as I do not know all site
operators.)
http://www.visalaw.com
http://www.shusterman.com
http://www.immigration.com
http://members.aol.com/MDUdall
http://www.murthy.com/
http://www.richw.org/dualcit/ (dual citizenship FAQ)
http://www.ilw.com
http://www.srs-usvisa.com
http://www.getusavisa.com
http://greencard-lottery.virtualave.net/
http://www.jcvisa.com
(H-1B) http://www.h1bresources.com
(marriage and fiancee) http://www.kamya.com/misc/
(marriage and fiancee) http://www.mindspring.com/~docsteen/visainfo/visainfo.htm
http://www.workpermit.com
This is not an endorsement of any of these Web sites.
I am not affiliated with any of the Web site owners
and do not receive nor accept payment in return for
listing them, and typically don't even know them.
(if believe you have a good immigration-related Web
site and want your Web site listed here, please
e-mail me).
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