Two I797

[qqqq]

Hello

In 2007, I applied for H1B & got I797 (Notice of approval that I got H1B) but company (First Employer) was delaying to call me so visa stamping process was not done so on base of this first I797, I transfer to other company(Second Employer),got second I797 & visa stamping process was done on passport in November 2008 with validity of visa upto Aug'2011 & came to USA in mid Jan'2009 with I94 attach valid till sept 2011.

But after coming to USA mid Jan'09 & till todays date (27th Mar'09) didn't had any project so 2 1/2 months have passed so what's my status ? Second Employer gave me pay stub upto 20th Feb'09 & later on said can't afford,go back. Its just 2 months I have came, already left well settled job, going back & starting again will be difficult so like to continue here in USA so what should I do ? should I approach previous employer(First Employer) in USA & try for job since first I797 is there ? on first I797 can something be done ?

I M getting mixed response so will appreciate an accurate & urgent reply.

Thanks

[Subramanya]

In 2007, I applied for H1B & got I797 (Notice of approval that I got H1B) but company (First Employer) was delaying to call me so visa stamping process was not done so on base of this first I797, I transfer to other company(Second Employer),got second I797 & visa stamping process was done on passport in November 2008 with validity of visa upto Aug'2011 & came to USA in mid Jan'2009 with I94 attach valid till sept 2011.

But after coming to USA mid Jan'09 & till todays date (27th Mar'09) didn't had any project so 2 1/2 months have passed so what's my status ? Second Employer gave me pay stub upto 20th Feb'09 & later on said can't afford,go back. Its just 2 months I have came, already left well settled job, going back & starting again will be difficult so like to continue here in USA so what should I do ? should I approach previous employer(First Employer) in USA & try for job since first I797 is there ? on first I797 can something be done ?

I M getting mixed response so will appreciate an accurate & urgent reply.

---- Do a H1 transfer immediately to either employer A or C or whoever is willing to offer you employment to continue your stay in the US

---- If employer B is not paying complain to DOL, so that you can continue
staying in the US legally

Subramanya

[qqqq]

Thanks Subramanya for immediate reply :
---- Do a H1 transfer immediately to either employer A or C or whoever is willing to offer you employment to continue your stay in the US.

why transfer is necessary for Employer A, already old I797 is there, people are having two H1B's & its difficult to find new employer c in this scenario so can I directly work for Employer A without transfer?

---- If employer B is not paying, complain to DOL, so that you can continue
staying in the US legally

As I said Employer B couldn't provide project & later on force me to sign letter in which it was written that I M leaving & got Air ticket (though I didn't took it) & when I contacted him after few days that I M finding project of my own & since U R holding H1 so informing U but he said I M out of status so what to do ?

[Subramanya]

---- Do a H1 transfer immediately to either employer A or C or whoever is willing to offer you employment to continue your stay in the US.

why transfer is necessary for Employer A, already old I797 is there, people are having two H1B's & its difficult to find new employer c in this scenario so can I directly work for Employer A without transfer?

---- It was not clear if your H1 was revoked by employer A or you were even terminated and they might have informed USCIS. However if the H1 is still valid and you have a I-94 to stay in the country you cna continue with employer A

---- You may enqiure with an attorney if your I-94 has to be transferred to employer A as that may be required and can be done at a CBP office at the nearest POE

---- If employer B is not paying, complain to DOL, so that you can continue
staying in the US legally

As I said Employer B couldn't provide project & later on force me to sign letter in which it was written that I M leaving & got Air ticket (though I didn't took it) & when I contacted him after few days that I M finding project of my own & since U R holding H1 so informing U but he said I M out of status so what to do

---- There is some contradiction in the above statement and your first post. If you clarify may be we can grasp the issue and respond accordingly

Subramanya

[qqqq]

---- It was not clear if your H1 was revoked by employer A or you were even terminated and they might have informed USCIS. However if the H1 is still valid and you have a I-94 to stay in the country you cna continue with employer A

Ok so I can work with Employer A without transfer & without visa stamping on passport so no need to go to home country for stamping for employer A on old I797) ?

---- There is some contradiction in the above statement and your first post. If you clarify may be we can grasp the issue and respond accordingly

I M sorry if I didn't clarify properly. I mean after coming to USA in mid Jan'09 & till todays date (27th Mar'09) Employer B couldn't find any project so 2 1/2 months has passed so what's my status ? Employer B gave me 75$ per week upto 20th Feb'09 & later on said can't afford,go back & force me to sign letter, etc.. which I had already written so what to do ?

[Subramanya]

---- It was not clear if your H1 was revoked by employer A or you were even terminated and they might have informed USCIS. However if the H1 is still valid and you have a I-94 to stay in the country you cna continue with employer A

Ok so I can work with Employer A without transfer & without visa stamping on passport so no need to go to home country for stamping for employer A on old I797) ?

---- OK, once again if your H1 is not revoled by company A you can start working with them and there is no need to go to your home country to get a H1 visa. The only issue being you should have a valid I-94 to work for that employer. Ensure that you get this at the CBP office at the nearest POE in the city and state of residence. Alternately, consult an attorney to make it fool proof and your legality of stay in the US is established by all means

---- There is some contradiction in the above statement and your first post. If you clarify may be we can grasp the issue and respond accordingly

I M sorry if I didn't clarify properly. I mean after coming to USA in mid Jan'09 & till todays date (27th Mar'09) Employer B couldn't find any project so 2 1/2 months has passed so what's my status ? Employer B gave me 75$ per week upto 20th Feb'09 & later on said can't afford,go back & force me to sign letter, etc.. which I had already written so what to do ?

---- Signing of these letters and other things have no meaning. If emplyer B has not terminated your H1, you are in good shape. Now since you have decided to join employer A, go join them and pressurise employer B to pay the wages as agreed upon in the LCA. Else there is an option for you to complain to DOL, so that your wages are paid

---- Once again consult an immigration attorney to clear all your issues, reside in the US and work with peace of mind. Do not keep doublts lingering within yourself and they should not haunt you at a later stage

Subramanya

[qqqq]

---- OK, once again if your H1 is not revoled by company A you can start working with them and there is no need to go to your home country to get a H1 visa. The only issue being you should have a valid I-94 to work for that employer. Ensure that you get this at the CBP office at the nearest POE in the city and state of residence. Alternately, consult an attorney to make it fool proof and your legality of stay in the US is established by all means.

I went to USCIS site, enter receipt number from old I797 & found its valid (not revoke), so planning to talk to Employer A, let see whether he has any project. Regarding I94 which is attach in my passport, I saw nothin is written on it except class H1B until sept 2011 so is it necessary to goto CBP office ?

---- Signing of these letters and other things have no meaning. If employer B has not terminated your H1, you are in good shape. Now since you have decided to join employer A, go join them and pressurise employer B to pay the wages as agreed upon in the LCA. Else there is an option for you to complain to DOL, so that your wages are paid

Employer B has not terminated H1 & besides me they already inform all H1B candidates that after getting project, salary will start & in meantime will get 75$ per week for our expense (First they promised 150$ then gave 75$ because of low economy). I also want to know my status, am I out of status ? where can I check my status online (some websites R there ?). Does getting 75$ means paystub. After how many days we become out of status, is it 30/60/180 days ? There R chances Employer A will say I M out of status. I also came to know that if I M out of status for longer period of time, I can't enter US for 3 yrs or 10 yrs so for how much time I can stay without paystub & what's the way out ? Though U said visa validity & I94 validity is there upto sept 2011 so can stay legally in US but if I get project(job) after few months, will new employer accept me (if he says I M out of status, what to do?), please help.