H1B problem(please help. Help needed asap)

[PoorNash007]

I am on my H1B which started on october 1st and i did my masters in USA. My H1 was approved on masters quota. My employer has been trubling me a lot and so recently i found another job with a different employer and i dont have my H1B copy with me. so i was wondering if i can apply for another H1B with the new employer on masters quota. Any help is deeply appreciated. Kindly try to help me as soon as possible. My new job will be starting from dec 1st 2005. Can i apply for another H1 through masters quota with the new company or not.

[veena_swsh]

You can apply for a fresh H1B with the new employer. But you will have to make sure that the previous employer has not cancelled or revoked your petition, so that you remain in status. Do contact an immigration attorney or the co. attorney for maore details.

[samah]

Is your H1 only approved or has it started?
because if its only approved then you can still work on OPT
If you have OPT left and in the meanwhile you can apply for a new H1.

[PoorNash007]

Hello Samma,

Thanks for your reply and thanks to all members who have replied to my question. My H1B has already started in october.

[recent_dui]

Please be nice to your old H1 employer,
because INS defintely going to ask your previous (latest 3or4) pay stubs for meantime period between the H1s, i.e. Suppose your H1 started on Oct 1st, that means you started working on 1st H1 from oct 1st, if your OPT is no more valid, and then when you request a transfer for 2nd H1, then you will have to prove that you worked for 1st H1 employer and got paid ( atleast you have to prove your status for that period) and after that you don't really need to worry about anything else once you have the pay stubs or something like that to prove your status either through pay stubs or some other status.

since it's really painful to getaway with INS to get your 2nd H1 with out proving your status, try to get your pay stubs from the 1st employer if you don't have any already(latest 3or4),.....that's all you need.

INS will not ask for your previous I-797 etc. papers, because they already have them, you don't have to ask anybody and provide anybody your old papers.

NOTE1: This is not any legal advice though
NOTE2: This is just based on one of my friends experience

All The Best,

[krjs]

H1b additional doc required

I am a Chartered cum Cost Accountant and I am also a Certified Public Accountant. I planned to take up a assignment in US as a functional consultant using my domain knowledge.

I had appeared first for h1b interview here at Chennai on 5th Oct. I was given 221 (g) asking for additonal details. The interview went off like this.

What are you going to do in the US?
I am going to work for YYYY YYYY YYYY YYYY XX under H1B visa.
Did you visit US last time with the previous visa?
Yes. I visited.
You have done your CPA as well?
Yes.
What kind of role you will play in the new job?
I will be working as a functional consultant leveraging my domain knowledge of finance and accounts.
Show me your certificates?
She verified all the educational certificates
Show me your employer's intent to employ you?
I showed the Xerox of letter from YYYY ZZZ
She further went through the computer system for about 3 minutes.
Finally said that we need some more information about the Company. She gave me 221 g.

A long list of additional details were sought by the embassy.

1. Original job offer letter from the Petitioner
2. Photographs (15) of the inside and outside of the petitioner’s work premises to be provided by employer.
3. A list of all of the employer's active projects. Indicate who is the client and point of contact at the client end with phone numbers and email for that person(s). If the contract with the client is held by a third party, provide names and contact information for that party as well. Do not send a batch of contracts in lieu of this documentary requirement.
4. A list of all the projects and their time lines in which the beneficiary worker has been deployed, with a detailed explanation of the work conducted and the client in question. Include all periods of inactivity or between projects. Also include client reference for each and every project on the list.
5. Provide a detailed and specific account of how the H/L worker will be employed during the next 12 months. Be sure to specify location, client and client contact information, nature of the project and duration of the project.
6. Principal's certified or notorized state and federal tax returns for the last three (3) years, including 2003/2004.
7. W-2 forms for all people employed by the petitioner for 2004 and dates of their joining.
8. Identify the Petitioning entity's personnel needs for the next 12 months.

I appeared again on 20th Oct and they didn't even go through the details which I carried. They just made me wait from the morning till 4:00 PM.
They just asked which project are you going to work and I told I have not been informed about the projects and it will be decided based on the demands of the situation from time to time.

They again gave 221(g) seeking the following info.

1) The list of all of the Petitioner's active projects. Identify the client and point of contact with the client, including a phone number and email address for that person. If the contract with the client is held by a third party, provide names and contract information for that party as well. Do not send a batch of contracts in lieu of this documentary requirement.
2) A signed letter from the beneficiary's prospective supervisor at the end client location to which he/she will be assigned, stating the client's intention to make use of the beneficiary's services and explaining the nature and duration of the project to which he/she will be assigned.
3) A complete itinerary of services or engagements specifying the dates of each service or engagement, the names and addresses of agent, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed.

I request someone to help me on this and how to handle this kind of a situation when I visit the emabssy next time, ofcourse with all the information sought by them.

Thanks

KRJS