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  • Transfer to H1B without working for original employer

    Hello Friends,

    My case is bit complicated and any opinion in this regards will be sincerely appreciated.

    I used to work with company A on L1 visa. For better prospects I decided to apply for H1B thru some consulting firm (Company B). Fortunately my application was selected and approved, My H1B is valid from 11-Jan2012 to Oct-2014.

    After receiving H1B approval, I started searching for job and got selected by Company C (direct client of Company B). based on assurance from Company C, I resigned from Company A and my last working day was on 31 Jan 2012.

    I was about to start my new job from 01-Feb, but at last moment the project got scraped and now I am jobless .

    I have following questions:
    1. I have been told that there is 60 days grace period and I can hunt for new job before 11 March 2012 without running my payroll. Is this correct?

    2. Can I change my H1B employer (Company B) despite of not working for him for a single day? ( If yes, will my last two pay stubs from company A be sufficient to apply for H1B transfer? Or do I need pay stub from Company B, who is my original H1B employer? )

    3. If I don’t get job till 16 Mar 2012, apart from going back to my home country, Do I have any other options?

    Thank you so much for your time and patience.

  • #2
    I used to work with company A on L1 visa. For better prospects I decided to apply for H1B thru some consulting firm (Company B). Fortunately my application was selected and approved, My H1B is valid from 11-Jan2012 to Oct-2014.
    >>> Did your H1B get approved as a COS? Meaning, did the H1B approval come with a new I-94 attached to the approval notice?

    After receiving H1B approval, I started searching for job and got selected by Company C (direct client of Company B). based on assurance from Company C, I resigned from Company A and my last working day was on 31 Jan 2012.
    >>> If your H1B got approved as a COS, then your employment with the L1 employer after 11th Jan is illegal.

    I was about to start my new job from 01-Feb, but at last moment the project got scraped and now I am jobless .

    I have following questions:
    1. I have been told that there is 60 days grace period and I can hunt for new job before 11 March 2012 without running my payroll. Is this correct?
    >>> There is no such grace period. You are currently out of status and should leave U.S immediately to avoid further complications. When yo are in H1B, the employer is suppose to pay you irrespective of whether there is a project or not. Otherwise, you can complain to DOL and make them pay to reinstate your H1B status.

    2. Can I change my H1B employer (Company B) despite of not working for him for a single day? ( If yes, will my last two pay stubs from company A be sufficient to apply for H1B transfer? Or do I need pay stub from Company B, who is my original H1B employer? )
    >>> You are out of status. When you are out of staus, a transfer is not possible. To prove that you mainatined your H1B status, you need pay slip from Jan 11th (If ther H1B got approved as a COS).

    3. If I don’t get job till 16 Mar 2012, apart from going back to my home country, Do I have any other options?
    >>> Mar 16th will be too late. You need to leave immediately. If you accumulate more out of status, you will get into more trouble later with future petitions and visa stampings.
    Last edited by shervin143; 02-07-2012, 02:02 PM.
    Not a legal advice. Use of this information is strictly at your own risk.

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