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I am working in USA in H1B work permit.
I am in a strange situation and need your guidance and help .
I have been working for employer A since 24th July 2011 in H1B work-permit, My extension was filed in 2013 and got approved until 4th March 2016.
I was given an opportunity by Company B , another service based IT giant, to join them in Rye-Ny with a better compensation and role.
I accepted the offer and submitted all the required documents for H1b transfer/portability.
The petition got approved on Oct 27th 2015 until Nov 2017 .
I was contacted by the HR of Company B, and we decided the date of joining as 23rd Nov2015.
I served notice to my current employer Company A and finalized my last working day as Nov 20th 2015.
During then I had to travel to India on Nov4th 2015 due to a family emergency and returned back to USA- Austin Texas on Nov12th 2015.
I served my notice period with Company A on my return and continued to work for my Employer until 20th Nov as an agreed last working day, i was relieved from my duties officially on 20th Nov.
Now the next phase begins -
As my date of joining with Company B is 23rd Nov, I filled in the i9 form online as was instructed to fill in with my previous employer details and latest I94 number and entry details, by Company B. I ensured to complete the i9 early on 20th itself to avoid any last minute hiccups with joining formalities.
I joined the Company B in NJ on Nov 23rd, I was asked to go to my project location and meet with stake holders in Rye -NY.
I booked accommodation and reported to the contacts in Rye.
On 25th Nov I received an email from the Immigration team that I am out of status and need to go for either stamping or they need to file some amendments.
They are saying I am legally not authorized to work for them as I entered USA with my previous employer Visa and due to this the H1 they filed for me got overridden and cannot put me in payroll.
They are asking me to stay unemployed and no salary will be provided until the amendment is complete by Company B and they re-hires me.
I am surprised with their decision and do not know what should be my next steps-
Below are my inputs and queries -
I entered USA on 12th nov while I was already employed with my previous employer and I do not have the I797 from my new employer of the recently approved petition.
As being employed with my previous employer Company A and due to an emergency Travel requirement i travel ed and returned back and didn't had to inform company B as i wasn't sure if I would even join them ..
If my Visa by company A is valid until march 4, 2016 and the H1B transfer by company B was approved on oct 27th 2015 and if I have joined them on 23rd Nov 2015, how is it possible that I am out of status ?
Isnt there a risk factor for me to be our of payroll and wait for the amendments to be completed by company B.
- they are not providing any time frame
- they are not willing to reimburse the expenses i have incurred in the relocation , on boarding travel, accommodation, household goods and car move.
- they first said i need to go for stamping now says they will file some amendments, they are not final on decision making
- they are rude and making things stressful for me, I am going through depression, i left my Job my house, my money used in relocation expenses are at stake as they says cannot reimburse, which they promised during hiring process.
- if they found there are some additional process/steps needed to be taken shouldn't they should have informed me well in advance before my joining date as i already filled in i9 on 20th nov early morning with my latest i94 number which has reference of my POE details in context to my previous employer.
- is company B trying to be smart to not to pay me until the project kicksoff and the SOW is being signed by their client ?
- is my case strong enough to stand against the decisions of this employer so that they incur all my expenses and fulfill all the promised aspects during hiring process.
Kindly help me with your guidance.
Please let me know if additional information needed.
I am in a strange situation and need your guidance and help .
I have been working for employer A since 24th July 2011 in H1B work-permit, My extension was filed in 2013 and got approved until 4th March 2016.
I was given an opportunity by Company B , another service based IT giant, to join them in Rye-Ny with a better compensation and role.
I accepted the offer and submitted all the required documents for H1b transfer/portability.
The petition got approved on Oct 27th 2015 until Nov 2017 .
I was contacted by the HR of Company B, and we decided the date of joining as 23rd Nov2015.
I served notice to my current employer Company A and finalized my last working day as Nov 20th 2015.
During then I had to travel to India on Nov4th 2015 due to a family emergency and returned back to USA- Austin Texas on Nov12th 2015.
I served my notice period with Company A on my return and continued to work for my Employer until 20th Nov as an agreed last working day, i was relieved from my duties officially on 20th Nov.
Now the next phase begins -
As my date of joining with Company B is 23rd Nov, I filled in the i9 form online as was instructed to fill in with my previous employer details and latest I94 number and entry details, by Company B. I ensured to complete the i9 early on 20th itself to avoid any last minute hiccups with joining formalities.
I joined the Company B in NJ on Nov 23rd, I was asked to go to my project location and meet with stake holders in Rye -NY.
I booked accommodation and reported to the contacts in Rye.
On 25th Nov I received an email from the Immigration team that I am out of status and need to go for either stamping or they need to file some amendments.
They are saying I am legally not authorized to work for them as I entered USA with my previous employer Visa and due to this the H1 they filed for me got overridden and cannot put me in payroll.
They are asking me to stay unemployed and no salary will be provided until the amendment is complete by Company B and they re-hires me.
I am surprised with their decision and do not know what should be my next steps-
Below are my inputs and queries -
I entered USA on 12th nov while I was already employed with my previous employer and I do not have the I797 from my new employer of the recently approved petition.
As being employed with my previous employer Company A and due to an emergency Travel requirement i travel ed and returned back and didn't had to inform company B as i wasn't sure if I would even join them ..
If my Visa by company A is valid until march 4, 2016 and the H1B transfer by company B was approved on oct 27th 2015 and if I have joined them on 23rd Nov 2015, how is it possible that I am out of status ?
Isnt there a risk factor for me to be our of payroll and wait for the amendments to be completed by company B.
- they are not providing any time frame
- they are not willing to reimburse the expenses i have incurred in the relocation , on boarding travel, accommodation, household goods and car move.
- they first said i need to go for stamping now says they will file some amendments, they are not final on decision making
- they are rude and making things stressful for me, I am going through depression, i left my Job my house, my money used in relocation expenses are at stake as they says cannot reimburse, which they promised during hiring process.
- if they found there are some additional process/steps needed to be taken shouldn't they should have informed me well in advance before my joining date as i already filled in i9 on 20th nov early morning with my latest i94 number which has reference of my POE details in context to my previous employer.
- is company B trying to be smart to not to pay me until the project kicksoff and the SOW is being signed by their client ?
- is my case strong enough to stand against the decisions of this employer so that they incur all my expenses and fulfill all the promised aspects during hiring process.
Kindly help me with your guidance.
Please let me know if additional information needed.
