Somebody please help, Advice badly needed!!!

[chamshamu]

Company A ,a friend of mine is working for is terminating her H1 as of Jan 31'07 (due to misconduct caused by ignorance). If Company B decides to hire her before Jan 31 ,

1. Should a new H1 be applied or is a H1 transfer enough?

2. When will the INS be informed of the termination by Company A? Immediately or after Jan 31 ?

3. Will company B run into any legal problems from the INS for hiring a
candidate whose H1 is terminated due to misconduct ?

[srujanks]

Re: H-1B termination

1.In My opnion their is no need of new H-1B if he has the copy of INS that was sent to him when the present company has applied on which he is working, but if he has no copy of the approval notice...then I feel that its necessary to go for a new H-1B visa. But at this time it may not be possible due to the quota is complete.

2. Generally it may not send a notice to INS but since you said it was misconduct that is the cause for removal the chances are high that they may do it asap...but it will also take time by the INS to cancel the current H-1B.

3. No, I don't think so it will run into any legal issues.

This is just my assumption so just take advise from the attorney too..

GoodLuck!
Srujanks