Work at home + H1B transfer, vacation between jobs

[safinisback]

2 questions:

1. My company wants me to work at home under H1B, wil the UCiS approve it?

2. Suppose I find a new employer who will take care of the H1B transfer. Suppose I resign from my old job on 1/1/2012, can I start my new job on 3/1/2012 and go on vacation in between?

[shervin143]

1. My company wants me to work at home under H1B, wil the UCiS approve it?
>>> No issues.

2. Suppose I find a new employer who will take care of the H1B transfer. Suppose I resign from my old job on 1/1/2012, can I start my new job on 3/1/2012 and go on vacation in between?
>>> If you take an unpaid vacation and go out of U.S, then it is okay. You cannot take unpaid vacation and stay inside U.S when you are in H1B status.

[safinisback]

really worry about current employer takes revenge. Suppose I have transferred H1B to company B and the new job starts on 2/1/2012. My contract with company A requires me to notify my resignification with at least 30 day notice. Let's say I submit the resignation letter on 1/1/2012. Out of anger, company A fires me immediately. Am I legal between 1/1 and 2/1? Because there is zero tolerance between jobs. what can I do? leave the country immediately and come back a month later? That's what you said, like unpaid vacation.

[shervin143]

Has the H1B transfer already been filed and approved? If yes, then you can join the new employer immediately if the current employer fires you. If you cannot join the new employer immediately and if the current employer fires you, then you have to leave the country and return back when you are ready to work for the new employer to avoid out of status on H1B.

[safinisback]

can I contact USCIS directly to pay for the premium processing fee? My company is not really willing to do so. For some complicated reason, I can't tell them that I'm willing to pay for it. So can I do it unilaterally?

[shervin143]

You cannot. H1B petition (eventhough it is filed on your behalf) is company's property. Only they can act on that petition.

can I contact USCIS directly to pay for the premium processing fee? My company is not really willing to do so. For some complicated reason, I can't tell them that I'm willing to pay for it. So can I do it unilaterally?

[safinisback]

You cannot. H1B petition (eventhough it is filed on your behalf) is company's property. Only they can act on that petition.

So my only option is to negotiate with them that I' want to pay for it.

[shervin143]

Yes. You are legally allowed to pay the premium processing fee.

So my only option is to negotiate with them that I' want to pay for it.

[safinisback]

Suppose I have a H1B with a private company, do I need another H1B to teach at college part-time?

[shervin143]

Yes. If you are planning to work for the 2nd employer while you are still working for the 1st employer, then the second employer's petition should be filed as a concurrent H1B petition and it should get approved before you can start working for the 2nd employer. If the 2nd H1B petition is not filed as a concurrent H1B petitiohn, it will become a H1B transfer and you can work only for 1 of these two employers.

Suppose I have a H1B with a private company, do I need another H1B to teach at college part-time?

[safinisback]

Yes. If you are planning to work for the 2nd employer while you are still working for the 1st employer, then the second employer's petition should be filed as a concurrent H1B petition and it should get approved before you can start working for the 2nd employer. If the 2nd H1B petition is not filed as a concurrent H1B petitiohn, it will become a H1B transfer and you can work only for 1 of these two employers.

Does the school need to hire lawyer? pay the H1B fee and H1B tax? if so, I don't think they are hiring me.

[shervin143]

Yes, they need to do all that.

Does the school need to hire lawyer? pay the H1B fee and H1B tax? if so, I don't think they are hiring me.

[safinisback]

Is the immigration going to mail to my home address the receipt, tracking number, decision letter or whatever? I worry that my employer have all of them sent to company. There are a lot of things they are trying to hide from me.

Can I call immigration to get the tracking number or whatever?

[shervin143]

You don't seem to get the point. The H1B petition is not your property. It is the employer's property. They have all the rights on the petition that they have filed and they are the one who pays money to get it processed. Depending on what address was given while filling form I-129, the petition, receipt number, RFE and anything else that comes from USCIS will go directly to that address. Usually it will go to the attorney's address who filed it or to the employer. You cannot call USCIS to get any information on this petition since you are not the one who filed it at the first place. Getting it from the employer is the only option. If you are not so satisfied with thie employer, then why do you have to continue with them. Find a better employer.

Is the immigration going to mail to my home address the receipt, tracking number, decision letter or whatever? I worry that my employer have all of them sent to company. There are a lot of things they are trying to hide from me.

Can I call immigration to get the tracking number or whatever?

[safinisback]

I don't have H1B and my current employer is using it to intimidate me. They try to keep me as ignorant as possible. Can I contact the lawyer directly? Can they keep it confidential? not to tell the employer that I asked them for tracking number...