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Employer betrayed after successful stamping.

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  • Employer betrayed after successful stamping.

    Hi Folks,


    Its has been in a very tragic incident with me after successful stamping. I just pray to all mighty it never happens to any one.


    I had a full time employment offer from USA, LCA was approved, Employer filled a premium petition, I went for visa stamping on 21st october 2011, just ask 3 questions is it a new company i am joining? LCA ? Employer Letter to USCIS?


    Visa officer approved the visa and said I will get in 5 working days.


    in evening I got a call from my employer saying there was buisness loss and all recruitments haven been freezed, we are not going to call you work here for the time being, we can't gurantee if there would be any oppurtunity in next 3 months, we will reach you if there is any, we Apologies for this we are helpless. please don't resign from your current organisation, thank god I have not.


    its a good employer with 1200 employes in US at 4 different locations in USA.


    It was really schoking for me. at that point I couldn't ask any question to them. I am still waiting for the passport.


    I need some suggestions

    - what all should I ask them now?

    - Where I stand after this?

    - can I apply for a new employer for the same location, is there a chance for visa transfer?

    - how & what should i start doing now.?

  • #2
    Any new employer can file a new H1B petition on your behalf using the CAP from the existing petition and request an immediate start date (Just give the new employer a copy of your existing approval notice). When that petition gets approved, you can travel to U.S to work for the new employer using the existing H1B visa that you have just got stamped with the newly approved petition. The job location can be anywhere in U.S.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      Any new employer can file a new H1B petition on your behalf using the CAP from the existing petition and request an immediate start date (Just give the new employer a copy of your existing approval notice). When that petition gets approved, you can travel to U.S to work for the new employer using the existing H1B visa that you have just got stamped with the newly approved petition. The job location can be anywhere in U.S.
      Thanks for the Suggestion but it would be really kind of you if you could explain me in more details , a step by step approach I should follow, I am applying for H1b first time and going across this kind of situation for the first time. help would be really appricated.

      Comment


      • #4
        Step-by-step
        1. Find a qualifying job, employer willing to file H1
        2. Provide the new employer a copy of your previous approval notice, they will file a petition.
        3. After petition is approved, travel to US with the current Visa in your passport (for previous employer, if valid at that time) and new employer's approval notice.
        4. Start working for the new employer.
        This is my opinion and not legal advice.

        Comment

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