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  • H1B Xfr question - Gurus plz help

    A brief history about me & my spouse
    1) we(me & my spouse) travelled to U.S in Nov 2006 on Co. A Visa stamping and H1,both valid till Sep 2009.
    2)I quit Co. A in Mar 2008 and joined another Co. B here in U.S,and these Co. B filed for my H1 transfer and I got H1 extension till 2012.
    3)In June 2008,My previous employer A told me to join back and again filed for my H1 transfer on Jun 9 2008,but due to some personal reasons I didn't join A and continued with Co. B,the H1 filed by Co. A is still in Pending state till date.
    4) after working for 7 months with Co. B I quit Co. B on 11/07/2008 bcos I again got an offer from Co. A and the start date with Co. A was Dec 20,2008, and I accepted the offer from Co. A, and on Nov 21, 2008 Co. A again filed for my H1 transfer case not yet approved till date.
    5)My previous employer Co. B sent me an email that they have sent a notice for the cancellation of my H1 on Nov 26, 2008.
    6)The start date at Co. A initially was Dec 20,2008 but the project I was supposed to take up is on hold and my start date has been postponded to Feb 2009,In sense I am not yet hired by Co. A and not getting paid.

    My queries

    1)Am I out of status ?, What I need to do to rectify my status.
    2)If I get another job,can that employer file for another H1 transfer ? if YES whats the procedure.
    3)what are the other best options I have to retain my status.

  • #2
    A brief history about me & my spouse
    1) we(me & my spouse) travelled to U.S in Nov 2006 on Co. A Visa stamping and H1,both valid till Sep 2009.
    2)I quit Co. A in Mar 2008 and joined another Co. B here in U.S,and these Co. B filed for my H1 transfer and I got H1 extension till 2012.
    3)In June 2008,My previous employer A told me to join back and again filed for my H1 transfer on Jun 9 2008,but due to some personal reasons I didn't join A and continued with Co. B,the H1 filed by Co. A is still in Pending state till date.
    4) after working for 7 months with Co. B I quit Co. B on 11/07/2008 bcos I again got an offer from Co. A and the start date with Co. A was Dec 20,2008, and I accepted the offer from Co. A, and on Nov 21, 2008 Co. A again filed for my H1 transfer case not yet approved till date.
    5)My previous employer Co. B sent me an email that they have sent a notice for the cancellation of my H1 on Nov 26, 2008.
    6)The start date at Co. A initially was Dec 20,2008 but the project I was supposed to take up is on hold and my start date has been postponded to Feb 2009,In sense I am not yet hired by Co. A and not getting paid.

    My queries

    1)Am I out of status ?, What I need to do to rectify my status.

    ---- Yes you are out of status if you are not getting paid. Irrespective of projects and clients, you need to get paid asa per the law

    2)If I get another job,can that employer file for another H1 transfer ? if YES whats the procedure.

    ---- You are doing too many transfers. The hold up may be that USCIS is viewing it seriously and thus the delay in approvals

    3)what are the other best options I have to retain my status.

    ---- Employer A has to keep you on payroll and pay you, otherwise you are ot of status

    Subramanya

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    • #3
      Thanks so much Subbu,

      What do I need to do now to be on safe side,

      Help appreciated

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