H1B visa transfer

[rajeshefali]

I am on H1 B and left company A holding my H1 B to work for company B. Company B was supposed to file h1b petition on my behalf before the start date. The HR department informed me that the H1B petition has been filed and I am good to start. But after two weeks I was informed that the H1 B petition was not filed. So what is the best way to resolve the issue? What can be done to make sure that company doesn’t back track on hiring me.

My manager and legal department requested me to explore if company A can rehire me for couple of months and company B can compensate company A for my consulting services with all the expenses incurred in the rehiring process.

The second option I was given : leave US, company B will employee me in India and file for h1b consulate processing
I need help to find out the best possible solution

Thanks and regards,
RAJ

[knowledgeable]

I may be wrong ...

... but why cannot B still file for your H1B transfer from A?

[txh1b]

The solution offered by Company B seems to align with what is legally possible.

Answer these questions for better analysis of your situation.

Have you already started to work for Company B?

When was the last paycheck from Company A to you?

When did you quit company A?

[rajeshefali]

Thanks for the responses

I left company A on July 14th, 2008 and started with company B on july 14th
The last pay check i have from company A is july 14.

[txh1b]

Ok This is the deal. You are not eligible to use AC21 if your H1b petition was not filed with USCIS before you started work with your company. Any such period until the approval of your transfer petition will be considered illegal employment as you cannot use AC21 portability due to the failure of company to file your H1b.

You have two choices.

1. Go back to old employer and use whatever approach suggested by company B.

2. Get company B file for your H1b transfer immediately using premium processing option. Wait for it to get approved before you can begin any work for them. It is better if you travel and re-enter after the H1b gets approved and get a new I-94 even if your COS is approved as you have worked without authorization now and will cause problems during GC if you do not re-enter and obtain a new I-94.

You should talk to a good attorney to explain your options.

Good Luck!