Help regarding H1

[srinivasmeda]

Hi Subramanyam,

I have applied for H1B. I got the receipt in lottery. Here in India I got an offer from one company. In my current company I have to give 2 months notice period. If I change to new company after 2 months is there any problem with my H1 at athe time of interview?

My new comapny joining date is 23rd July. If I get the papers in August its hardly one month service in new company. If i attend the H1 interview in August are they can ask about immediate job change?

Please let me know Can I stay back in the old company or Change into new comapny(If there is no issues with the change?)

Please help me in this regard.


Thanks for your help!!!

--Srinivas

[leifbooger]

The H1 interview has nothing to do with the number of times you changed jobs in India. You cannot fly to the US before Oct 2007 so you have ample time to work on your new job. Also, if your H1b was sponsored by a consulting company, you need to have a project to get the visa stamp. To get a project may take days or months or years, so do not quit your job until you get the visa and your air tickets to the US are booked.

[harry675]

i gave interview after 2 months joining new company. same time last year i resigned.. they did not ask much about this. But if you are not getting much benefit by joining new company.. then be advised to stay in same company..
But think ur VISa is not stamped yet.. until VISA is not stamped.. u can not say that u can fly... if you are getting good benefit by joining new company then go ahead... u can post pone ur h1 interview to OCT, or NOV... but if u r planning to attend h1 interview in july /aug.. then u should not do it... think and weigh both and go ahead.

[leifbooger]

Also, do not quit your job when you are flying to the US. Most companies offer 6 months - 1 year unpaid leave policy. So for some reason, if you do not get a job in the US (few people I know could not find projects in the US and went back), you can always go back to your company. If you do get a project here, you can notify your old company that you would be quitting.

[harry675]

Also, do not quit your job when you are flying to the US. Most companies offer 6 months - 1 year unpaid leave policy. So for some reason, if you do not get a job in the US (few people I know could not find projects in the US and went back), you can always go back to your company. If you do get a project here, you can notify your old company that you would be quitting.

This may not feasible... according to ur plan he need to come back India again and then quit(serve 1/2 month notice period) and go back US.. in the mean time he will loose his US job

[leifbooger]

This may not feasible... according to ur plan he need to come back India again and then quit(serve 1/2 month notice period) and go back US.. in the mean time he will loose his US job

If he has a job in the US, why does he need to go back and serve the 1/2 month notice. He can call the company from the US and tell them he cannot come back at all. One of my friends wife did the same thing, took a one year leave and at the end of it called the company in India and told them she cannot come back.

[pkb]

H4 to H1

I came to USA on H4 visa and now i got H1b.Can i mainatin my new h1b status without working at USA?Can anyone give suggestions on this?

[leifbooger]

I came to USA on H4 visa and now i got H1b.Can i mainatin my new h1b status without working at USA?Can anyone give suggestions on this?

H1b must be working at all times to maintain legal status. Ask your H1b sponsor to run your payroll every month.

[experienced]

Running pay stubs .???

Running pay stub means paying SSN and federal tax..can any company do that without project?

so only option find project and get salary to maintain status...otherwise you are out of status.....


---not legal advise

[leifbooger]

Yes, there are a few companies that do that without a project. The employee needs to pay the taxes back to the company. Over a long term, its a hassle for both the employee and the employer. so, its a better idea to convert H1 back to H4 rather than keep paying taxes out of pocket.