H1b Termination and Transfer - Please help

[dwarak05]

Hi,



I came to USA in Aug 2014 by Company A... transfered H1 to Company b in Nov 2014... Now I am on bench for last one month and found a fulltime offer from Company C, they filed LCA 2 days ago. Due to internal politics, my employer got to know about Company C and want to terminate me tomorrow I.E June 22nd. My LCA with company c initiated on June 18th. Please experts take time to answer me the below

1) What is the time frame for termination to reach USCIS, is it done online or fedex

2) Will out of status for three days effect me (If company B terminates tomorrow and time gap for Company C to file H1transfer is 3 days from tomorrow as they are waiting for LCA)

3) Will uscis terminate and update the system as on they receive the termination letter from Company B

4) How much time will it take to premium process my H1 transfer

5) what are the possible things while in Out of status

I have I-94 valid till Nov 2016, current I-797 Valid till Nov 2017

Please share your views as early as possible

Regards

[sathish.infotech]

Hi,

Talk to your new company C, if you can join as soon as LCA approved. If they are OK with that then there wont be any issue. All they need is run your payroll which is one primary rule on H1B. Talk to your new company and sort out the issue.

[shervin143]

I came to USA in Aug 2014 by Company A... transfered H1 to Company b in Nov 2014... Now I am on bench for last one month and found a fulltime offer from Company C, they filed LCA 2 days ago. Due to internal politics, my employer got to know about Company C and want to terminate me tomorrow I.E June 22nd. My LCA with company c initiated on June 18th. Please experts take time to answer me the below
>>>First of all there is no such thing as bench while you are in H1B. Your employer is supposed to pay you whether they can provide you work or not. If not, you can certainly complaint to DOL and make them pay. If they are terminating your, then ask them to pay your salary as mentioned in your LCA. Otherwise you will go out of status and your transfer to the new employer without recent pay slip can get into big trouble. Look at the below links.

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

https://www.immihelp.com/h1-visa-holder-rights/

1) What is the time frame for termination to reach USCIS, is it done online or fedex
>>> No. It is like any other H1B petition. It take about 2-3 months for USCIS to act on it. However, for your transfer to be successful without any issues, you need your latest pay slip until you are employed with your current employer.

2) Will out of status for three days effect me (If company B terminates tomorrow and time gap for Company C to file H1transfer is 3 days from tomorrow as they are waiting for LCA)
>>> 3 days will not have any impact. Make sure your out of status period is not too long.

3) Will uscis terminate and update the system as on they receive the termination letter from Company B
>>> No. It will take time.

4) How much time will it take to premium process my H1 transfer
>>> 15 Days.

5) what are the possible things while in Out of status
>>> Out of status can result in an RFE or denial. You need to make sure that your employer pays you and you have valid pay slips for last few months.

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Please do not misguide with wrong information. One cannot join the new employer with an approved LCA. Should not join the new employer until the transfer is filed.

Hi,

Talk to your new company C, if you can join as soon as LCA approved. If they are OK with that then there wont be any issue. All they need is run your payroll which is one primary rule on H1B. Talk to your new company and sort out the issue.

[sathish.infotech]

Thanks Sherwin143!!! I will make sure I don't repeat this. I was told by someone that whatever info I posted is legally acceptable.

Thanks again for the info. Apologies for misguiding.