Clarification Required **** ** URGENT **** *

[anandhapm]

Hi All;

Could you let me know, the timeline on when will the USCIS will start to process the Petitions, which had got selected in the Non - AD / RP Category.

Also, let me know the chances of H1B Transfer, when we are in USA. Say for Ex: If I want to change my Employer in USA, with my H1 Work Permit and my current employer is not having enough project and I want to move to another company - what would be the procedure and till how long can i live in USA with my Work permit and searching for Job.

[raghvi]

Hi All;

Could you let me know, the timeline on when will the USCIS will start to process the Petitions, which had got selected in the Non - AD / RP Category.

Also, let me know the chances of H1B Transfer, when we are in USA. Say for Ex: If I want to change my Employer in USA, with my H1 Work Permit and my current employer is not having enough project and I want to move to another company - what would be the procedure and till how long can i live in USA with my Work permit and searching for Job.

I believe USCIS has already started processing the petitions. As for a decision on a Regular Processing Petition it can take anywhere from 1 to 3 Months if no RFE. If there is RFE (Request For evidence) then a bit longer.

As it is H1 can start only from 01-Oct-2014.

As for "transfer" you have understand that while in US on H1 you must always get paid irrespective if the employer has work or not. If you dont get paid you go out of status. Once out of status, it becomes difficult to do a transfer to another employer.

This is my opinion not legal advice.

[anandhapm]

I believe USCIS has already started processing the petitions. As for a decision on a Regular Processing Petition it can take anywhere from 1 to 3 Months if no RFE. If there is RFE (Request For evidence) then a bit longer.

As it is H1 can start only from 01-Oct-2014.

As for "transfer" you have understand that while in US on H1 you must always get paid irrespective if the employer has work or not. If you dont get paid you go out of status. Once out of status, it becomes difficult to do a transfer to another employer.

This is my opinion not legal advice.

Hi Raghvi;

Thanks for the Guidance and Clarification.

Could you please also let me know, how long can in be in "OUT OF STATUS" and say for example, if my employer (who is having staffing solutions and also managing IT Projects) is not able to put me into any of the projects and asks me to leave the company, as he is unable to find any suitable projects for me.

[raghvi]

Technically Zero days. One can remain work less but not pay less. One should always inquire with employer's about the "bench period". Technically, if the employer doesnt have work on what basis did they get visa for you for the three years? If the employer is asking you to leave, they should pay for your return airfare back to home country. If you want to continue in US, you should find another employer before your last pay day.

Its very important that one gets regular pay stubs/W2 as per the LCA. USCIS would want to see your latest pay stubs when you do a job change/transfer, if you dont provide that USCIS can refuse the transfer.


This is my opinion not legal advice.