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H1b transfer new employer issue - STRANGE

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  • H1b transfer new employer issue - STRANGE


    Am posting this on behalf of a friend and want to know if anyone has faced similar situation and what next steps he/she should take in a situation like this

    One of my friend (on H1B since 2010) recently got an offer from a very reputed firm. He provided all his H1 details, got a start date to join and started working with that company for around 2 months now. Since he planned to visit India, he went back to his HR contact to get his i797 or any documents that could affect his travel plans. To his shock, he was told by his HR, that H1 transfer had not been initiated at all and he lost his status to work and the company told that he will be processed under H1B Consular Processing and he has to go back to India to get it stamped once approved. He was also told to not to come back to work till it’s processed, but asked to stay in this country itself (may be coz of valid i94). Any idea how long this process could take? Should he take any drastic steps as there was no mistake from his side?

    My Question is,

    Should he panic and hire an attorney himself to deal with situation like this?
    What are the odds of rejection?

    Any inputs here is helpful



  • #2
    You are supposed to have the i797C at least before you start working, yet there is a possibility of rejection. So its always good to switch after having i797A in hand .... strange .. how did the employer take him in