regd H1 Transfer and questions

[infoqry]

Hello Shervin,


You have explained to us patiently all the queries. I forgot to raise this point in my last message.

For the below scenario, I understood one has to leave the country immediately. But technically is it Status or Out of Status. This is because next time when one applies for H1-B or L1, or try for future Green Card this could become problem if it is Out of Status. Just want to know what would be the Status for the person in this case.

Also assuming that on 25th of November there is an RFE and finally if on 25th of December there is a Visa Denial. But the employee would have been getting Payslips till 25th December. In this scenario is the employee in status or Out of status. After 25th December employee leaves US.
>>> If the transfer gets denied, then you have to stop working for the new employer immediately and leave the country. Technically, you have worked for the new employer without the approval of USCIS. That is why it is safe to join the new employer only after a successful transfer. But since your case is critical, you can take the risk. If the transfer gets denied, then leave the country immediately.


Can you please give your views on this.


Regards,

[shervin143]

Technically your bigger problem is that you have worked for an employer who is not authorized by USCIS in case the transfer gets denied. That is why it is advisable to join the new employer only after a successful transfer. You have only two options.

1) Take the risk. If the transfer gets approved, you are all good. If the transfer gets denied, then leave the country immediately. If a VO asks you, you can explain that you left the country immediately after knowing that the transfer got denied. The VO will know that you are allowed to work for the new employer upon filing the transfer (before getting the decision) and so that should be fine.

2) Do everything clean. Either file the transfer in premium mode or leave the country immediately upon being laid off. Let company B file the H1B petition using the CAP from the previous approval notice and request an immediate start date. When the petition gets approved, re-enter U.S with an existing valid H1B visa (it can be from your current employer) and the newly approved H1B petition. This is right option if you do not want to take any risk or do not want to go out of status or end up working unauthorized even for a single day.

Hello Shervin,


You have explained to us patiently all the queries. I forgot to raise this point in my last message.

For the below scenario, I understood one has to leave the country immediately. But technically is it Status or Out of Status. This is because next time when one applies for H1-B or L1, or try for future Green Card this could become problem if it is Out of Status. Just want to know what would be the Status for the person in this case.

Also assuming that on 25th of November there is an RFE and finally if on 25th of December there is a Visa Denial. But the employee would have been getting Payslips till 25th December. In this scenario is the employee in status or Out of status. After 25th December employee leaves US.
>>> If the transfer gets denied, then you have to stop working for the new employer immediately and leave the country. Technically, you have worked for the new employer without the approval of USCIS. That is why it is safe to join the new employer only after a successful transfer. But since your case is critical, you can take the risk. If the transfer gets denied, then leave the country immediately.


Can you please give your views on this.


Regards,

[infoqry]

Thanks Shervin. Its very helpful. I think this thread will serve as a good reference for many people. H1 Transfer 4 or 5 years back was very simple. I have seen people even without Payslips in previous companies got H1 Transfers to new Companies without any ready Projects. There was no scrutiny of Client letter etc.,

Regards,

[happybuddha]

Just my two pence of advise since I have been through all this hassle recently.
Depending on the stream of work you are in and your caliber, I personally feel it shouldn't take more than 3 weeks to get a receipt. Even if your future employer is not processing your transfer in premium, you can offer to pay the differential amount(which is around $1200). If I were in your position and being employed in the US was my only objective, I would most definitely approach all possible consulting fimrs (desi and non desi) and have something figured out.