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Complex situation regarding H1B Employment change in US,Need urgent help!!

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  • Complex situation regarding H1B Employment change in US,Need urgent help!!

    I got my first H1 visa approved and stamped in Apr 25th 2006 which is valid till sep 30th 2008 by a company A, After that,in April 2008 I transferred my H1-B,and H4(spouse) visas to (Company B) approved in Aug 3rd of 2008 and H4 is still pending(not yet approved) and I have the original petition(I-797) from the company B which is valid till Apr 2011. Now I would like to re-join with Company A. To work with company A now, I would like to know the following:

    1). Can I switch to company A right away?
    2). Does this require any kind of processing or transfer on my visa or petition front?
    3). Do I or company B need to notify USCIS for this employer change?
    4).What all documents are required from my side and company B, during this employment change or near future.
    5).is there any chances to cancel H1B from Company A.(I am expecting visa will be there till sep 30th 2008.)

    Could u please give me any advice.I have only one day to make a decision,because Company A visa will expire in sep 30th 2008.

    Thanks in advance
    -Chan

  • #2
    1. Provided they are ready to hire you and file for your expension immediately before Sep 30th which I dont think is practically possible. So, you have to wait for the new H1b to be filed to begin the transfer process and start working.
    2. Yes as their petition expires tomorrow.
    3. A has to file for a transfer. Nothing to do with B or you.
    4. Paystubs, employment letter (for your own good for a green card labor)
    5. Donno what you mean here.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Complex situation regarding H1B Employment change in US,Need urgent help!!

      Thank you very much for your reply.
      sorry for the confusion on 5th question.
      5).It seems like my H1B with Company A was already cancelled.If Company A already cancelled H1,transfer is the only way?

      and I have one more question:
      I read some old posts regarding 'Rejoining to old employer' and some confusion about this.
      If i Re-join with Company A,He can create problems in terms of paying salary or if any.. ?

      I will be waiting for ur reply.
      once again thanks a lot for ur advice.
      -chan.

      Comment


      • #4
        Option 1 is the only thing if your H1b is already canceled. What status are you in currently? You better have employer A file H1b transfer immediately if you wish to join them. If you don't have pay stubs, you are out of status and have no way to do it.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Complex situation regarding H1B Employment change in US,Need urgent help!!

          I got my new H1B approved with company B and I have the original petition(I-797) which is valid till Apr' 2011.and I have 4 latest payslips till sep'30th 2008.

          Thanks you very much for your quick reply.
          -Chan.

          Comment


          • #6
            Hi txh1b,

            My Current status is:I got my new H1B approved with company B and I have the original petition(I-797) which is valid till Apr' 2011.and I have 4 latest payslips till sep'30th 2008.and more thing is h4 case is not yet approved with comany B.Right now I have some problems with company B,that's the reason i would like to re-join with company A.

            I will be waiting for ur reply.
            once again thanks a lot for ur advice.
            -chan.

            Comment

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