H1B Transfer.

[John Smith]

Hi,

A friend of mine had to resign from his firm since he was offered a better
position at another state in the USA. He now wants to immediately transfer
his H1-B to his new firm.

* Is there a time limitation to transfer an H1-B status from one firm to
another ? (it has been 2 weeks after he resigned)

* How should he progress to expdite the transfer ?

Regards,

-ersin

[Anders Ohlsson (Borland)]

John,

I'm not an INS lawyer, but I believe that your friend made a potentially *really*
bad mistake. He is technically "out of status" right now. I may be wrong. Out of
status means that the INS can initiate deportation procedures. And it also,
unfortunately, means that your friend *must* answer "yes" if he is ever asked by
the INS if he's ever been "out of status". I'm not sure, but this may very well
disqualify him from a H1B transfer, since he's other one was terminated when
he left his old employer.

What your friend should have done is transfer his H1B before even thinking
of resigning from his old job.

The transfer of an H1B must be initiated by his new employer. He can not do
this by himself. If the new employer doesn't want to assist him in transfering his
H1B, he's SOL.

H1B transfers take 4-6 weeks normally. Hopefully your friend can tolerate
this time going unpaid, because he can legally not be paid until he has a new
job with a valid H1B.

Again, I'm not an INS lawyer, but I've had plenty of exposure to the subject,
since I myself came here on an H1B.

Take care, and good luck to your friend,
Anders Ohlsson
Borland Developer Relations

[John Smith]

Anders,

Does it mean that he will not have the chance to "legally" get another H1-B
visa from another company later on ? Will INS criticise him in any way ?

Also, he applied to "green card lottery" this year. If he gets a "green
card" this way, can he manage to work in the USA without any troubles ?

Thanks,

-John

Anders Ohlsson (Borland) <aohl...@inprise.com> wrote in message
news:92o86e$3f...@bornews.inprise.com...

[Anders Ohlsson (Borland)]

> Does it mean that he will not have the chance to "legally" get another H1-B
> visa from another company later on ? Will INS criticise him in any way ?

INS is worse than the IRS to deal with. I would strongly recommend that
he asks the new employer for advice, or seek assistance from an immigration
attorney.

> Also, he applied to "green card lottery" this year. If he gets a "green
> card" this way, can he manage to work in the USA without any troubles ?

Yes. Of course. But this is a lottery. I don't know how good his chances
are.

/Anders

[amitb...@gmail.com]

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[ravindra.s...@gmail.com]

HI Ersin,
Hope you are doing great!!

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