POST DECISION ACTIVITY to DECISION

[Amby]

Hi,

New Company filed for my H1B transfer petition and USCIS accepted on 6th April. On 10 April , I got an approval and status showed POST DECISION ACTIVITY. But on same day it also moved back to DECISION status (although that also mentions its approved).

My question is why did it get move back from POST DECISION ACTIVITY to DECISION ?

I guess it should have been the other way.

Please advise.

Thanks,
Amby

[shervin143]

Anything can happen in the online case tracker. The information there is not always up to date. Don't count on it. Wait for your approval notice to arrive by mail.

[Amby]

soft copy..

The new company is requesting me to join asap. Is there a way I can get the softcopy of the approval notice and then resign ?

[Amby]

And one more question. Its been a week since its in DECISION status. It has not moved to POST DECISION status.

Actually in my case from ACCEPTED , it directly changed to POST DECISION and on same day changed to DECISION and has been same since last 7 days..

Is that normal ?

[shervin143]

No. You have to wait for the original approval notice to arrive by mail. It takes about 2 weeks to get the original approval notice after a decision is made on your case.

The new company is requesting me to join asap. Is there a way I can get the softcopy of the approval notice and then resign ?

[shervin143]

Yes. Wait for 1 more week.

And one more question. Its been a week since its in DECISION status. It has not moved to POST DECISION status.

Actually in my case from ACCEPTED , it directly changed to POST DECISION and on same day changed to DECISION and has been same since last 7 days..

Is that normal ?

[Amby]

legal

Hi Shervin,

This time I need some legal advise. I got an offer from a company A and later got another offer from B also which was a better offer in terms of roles. Unfortunately the B offer came after A submitted Visa under premium and now A is approved and B is in process. I am copying some text from A's appointment letter. Need your advise if this could create issues for me. /But I have not yet joined/

THIS EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into as of
DATE, and between A, (the “Company”), and (the “Employee”). The agreement is effective from the date of joining which shall not be later than March 30, 2012, and is subject to satisfactory background and reference checks (But I have not yet joined)

Subject to the terms and conditions hereof, the Company hereby employs the
Employee, and the Employee hereby accepts such employment to continue until
terminated as provided herein (the “Employment”). The Employment with the Company
is for no specified period. Employee acknowledges and agrees that the Employment is
on an “at will” basis, which means that either the Employee or the Company is free to
terminate the Employment at any time and for any reason or for no reason at all.

The prevailing party in any legal action between the parties arising out of this
Agreement will be entitled, in addition to any other rights and remedies such party may
have, to reimbursement for such party’s legal expenses, including court costs and
reasonable attorney’s fees.

[shervin143]

No legal advise is provided in the forum. You should consult a labor attorney to validate any agreement that you have signed. But form what you have copied below, the agreement clearly states that employment is at will basis. So you are free to quit anytime. Anyways, if you are concerened, then check with an attorney.

Hi Shervin,

This time I need some legal advise. I got an offer from a company A and later got another offer from B also which was a better offer in terms of roles. Unfortunately the B offer came after A submitted Visa under premium and now A is approved and B is in process. I am copying some text from A's appointment letter. Need your advise if this could create issues for me. /But I have not yet joined/

THIS EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into as of
DATE, and between A, (the “Company”), and (the “Employee”). The agreement is effective from the date of joining which shall not be later than March 30, 2012, and is subject to satisfactory background and reference checks (But I have not yet joined)

Subject to the terms and conditions hereof, the Company hereby employs the
Employee, and the Employee hereby accepts such employment to continue until
terminated as provided herein (the “Employment”). The Employment with the Company
is for no specified period. Employee acknowledges and agrees that the Employment is
on an “at will” basis, which means that either the Employee or the Company is free to
terminate the Employment at any time and for any reason or for no reason at all.

The prevailing party in any legal action between the parties arising out of this
Agreement will be entitled, in addition to any other rights and remedies such party may
have, to reimbursement for such party’s legal expenses, including court costs and
reasonable attorney’s fees.

[Amby]

Thanks.

Thanks Shervin

[DebasishJena]

Hi Amby,

I have the same situation as yours. My status changed to POST DECISION ACTIVITY to Decision on the same day.

How did it change in your case? How long it took to go back to Post decision activity?

Thanks