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How USICS respond to this status and petition.-Experts please respond-Thanks

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  • How USICS respond to this status and petition.-Experts please respond-Thanks

    Hello all,
    I am a regular reader of this forum, came to know lot of info regarding H1 visa issues, recently I got stamped in Chennai. Already posted my Exp in this forum


    I understood about H1 transfer (in fact new H1 petion from a new employer to USICS).

    Just in case, If any employer file a petition on ur behalf with in 2 days of ur entry in US ( u will not have SSN, so no paystubs also), Also u will mention COS in I 129 (refer to part 2, question 2, checking option e in I 129) with ur 1 94 details. Its quiet clear u can’t be paid as u doesn’t have SSN. Also USICS don’t mention to submit pay stubs; I think we submit as an evidence of work status or being paid by present employer


    How USICS respond to this status and petition. Experts please respond

    Also, want to know about time period to get SSN when u land in US.

    Thanks in advance.

  • #2


    You will be risking it by doing so. Rather, have your new employer file for a petition transfer now and enter with the new approved petition. Old visa is still valid for entry.

    Be prepared for a tough economic situation if your employer is a consulting company. Grass is greener on the other side. Now, there is a drought here and all grass is drying up. If you have a lucrative job overseas, wait and don't rush.

    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
      Be prepared for a tough economic situation if your employer is a consulting company. Grass is greener on the other side. Now, there is a drought here and all grass is drying up. If you have a lucrative job overseas, wait and don't rush.
      But what if the employer himself is forcing us to resign the current job and join at the earliest and saying its now or never!

      Last year one of my friend was made to sit idle in India for 6months. They had also told him the same... now or never. so he had to resign!!

      Comment


      • #4
        Well, if the employer wants you to be in the US, then they have to pay you from day 1 as per the law. The minimum required pay as per the H1b LCA.

        Complain to DOL if you dont get paid on a WH4 form. They will take care of it. Ensure to maintain documentation that you made yourself available to work for the employer.

        If they want to terminate a H1b employee, airfare has to be provided to the home country as per the law by the employer.

        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
          If I have misinterpreted your situation , I apologize.

          Beware if it is your new employer telling you "now or never". He is aware of the legal and proper way that your application should be filed - a new petition not under cap, wait for approval notice before entering US. What is being demanded of you - entering the US with no intention of working for the employer whose approval notice you are using to enter - is illegal.

          If your prospective employer will demand that you enter the country illegally to begin work, what makes you believe that he will be honest with you once you are here - after all, you entered the country illegally. It is all on you; there are no consequences to him.

          Comment


          • #6
            Originally posted by VISAMBA
            Its quiet clear u can’t be paid as u doesn’t have SSN.
            Who says so? SSN is not a requirement for employment eligibility as per the I-9 form. A good HR knows what to do with pending SSN and how to pay them.

            I got paid while I was working in my University waiting for my SSN.

            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


            • #7
              Is it OK at POE to have diff appoval letter, as annotation in VISA says company A but approval says Company B, i belive.appoval EAC-333333333 no dont change.

              Any issues u know in perticular to this case.

              Comment


              • #8
                It is LEGAL and ok. If you have further concerns, contact an attorney.

                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

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