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immigrationdilemmas
02-29-2012, 03:19 PM
Hello Guys,

I have a major predicament which I would like to discuss with you all and take your advice on.

I came to USA as a student on F1 Visa and am currently working on H1B with my current employer "A" since last 8 months as a full-time employee. However since the H1B approval form USCIS, I have not visited India hence my passport does not have a H1B stamp on it.

I have been offered a full-time job by a new employer "B" and this new employer has started the process to transfer my H1B visa to them via premimum processing. I will quit my job with current emplyer "A" once I get the receipt of the H1B filing with USCIS from the law firm of Employer "B".

Here are my questions -

1. After receiving the H1B filing receipt from the law firm of Company B, can I visit India and get the H1B stamped for employer "B" even before joining them and without the paystubs for Employer "B" ? I will have the latest offer letter with company "B" with the updated joining date and also the H1B filing receipt. Moreover I will also have all the paystubs from my previous employer "A" till the date I will be quitting the job.

2. My current employer "A" is a well known big company in USA however my prospective employer "B" is one of the largest companies of the world and a major H1B sponsor for lot of employees. Considering the fact that a lot of people are getting delayed in ADMIN processing these days for H1B stamping, how much risk do I have for getting stuck due to ADMIN PROCESSING ?

Please advice.

Thanks
:confused:

GCHope2011
02-29-2012, 10:53 PM
Hello Guys,

I have a major predicament which I would like to discuss with you all and take your advice on.

I came to USA as a student on F1 Visa and am currently working on H1B with my current employer "A" since last 8 months as a full-time employee. However since the H1B approval form USCIS, I have not visited India hence my passport does not have a H1B stamp on it.

I have been offered a full-time job by a new employer "B" and this new employer has started the process to transfer my H1B visa to them via premimum processing. I will quit my job with current emplyer "A" once I get the receipt of the H1B filing with USCIS from the law firm of Employer "B".

Here are my questions -

1. After receiving the H1B filing receipt from the law firm of Company B, can I visit India and get the H1B stamped for employer "B" even before joining them and without the paystubs for Employer "B" ? I will have the latest offer letter with company "B" with the updated joining date and also the H1B filing receipt. Moreover I will also have all the paystubs from my previous employer "A" till the date I will be quitting the job.

2. My current employer "A" is a well known big company in USA however my prospective employer "B" is one of the largest companies of the world and a major H1B sponsor for lot of employees. Considering the fact that a lot of people are getting delayed in ADMIN processing these days for H1B stamping, how much risk do I have for getting stuck due to ADMIN PROCESSING ?

Please advice.

Thanks
:confused:
My understanding is that if you travel out of country while any of your requests is pending with USCIS, the request is considered to be abandoned. So if you travel while your transfer application is pending, it will get rejected, considering it as abandoned.

As far as your probability of getting stuck in admin processing, I think it will likely be the same, with company A or company B.

PERM12
02-29-2012, 11:29 PM
Not entirely true.

yes if you leave the country then petition is considered abandoned for the COS (change of status or in this case it is Extension of Status) BUT H1 will be approved (if it qualifies as approvable) for consular processing

My understanding is that if you travel out of country while any of your requests is pending with USCIS, the request is considered to be abandoned. So if you travel while your transfer application is pending, it will get rejected, considering it as abandoned.

hyipbond
03-01-2012, 11:25 AM
I am not an expert, but I would like to put my 5 cents here:

1. After receiving the H1B filing receipt from the law firm of Company B, can I visit India and get the H1B stamped for employer "B" even before joining them and without the paystubs for Employer "B" ? I will have the latest offer letter with company "B" with the updated joining date and also the H1B filing receipt. Moreover I will also have all the paystubs from my previous employer "A" till the date I will be quitting the job.

You should wait for the approval of H1B, just a receipt does not count. Since its premium process and well known company it should not take much time. When approved you can definitely visit India, but be ready to answer multiple cross question regarding change in employment.

2. My current employer "A" is a well known big company in USA however my prospective employer "B" is one of the largest companies of the world and a major H1B sponsor for lot of employees. Considering the fact that a lot of people are getting delayed in ADMIN processing these days for H1B stamping, how much risk do I have for getting stuck due to ADMIN PROCESSING ?

ADMIN process has nothing do with your Client A or B. Its your background check, not employers. Result would not differ, but to be honest this admin process sucks... :mad:

sac-r-ten
03-01-2012, 11:54 AM
Not entirely true.

yes if you leave the country then petition is considered abandoned for the COS (change of status or in this case it is Extension of Status) BUT H1 will be approved (if it qualifies as approvable) for consular processing

Nope, abandoned petition won't be approved. one cannot leave the country if h1 is filed (transfer/extension doesn't matter). have to wait for the decision. i have discussed this with multiple lawyers.

sac-r-ten
03-01-2012, 11:55 AM
I am not an expert, but I would like to put my 5 cents here:

1. After receiving the H1B filing receipt from the law firm of Company B, can I visit India and get the H1B stamped for employer "B" even before joining them and without the paystubs for Employer "B" ? I will have the latest offer letter with company "B" with the updated joining date and also the H1B filing receipt. Moreover I will also have all the paystubs from my previous employer "A" till the date I will be quitting the job.

You should wait for the approval of H1B, just a receipt does not count. Since its premium process and well known company it should not take much time. When approved you can definitely visit India, but be ready to answer multiple cross question regarding change in employment.

2. My current employer "A" is a well known big company in USA however my prospective employer "B" is one of the largest companies of the world and a major H1B sponsor for lot of employees. Considering the fact that a lot of people are getting delayed in ADMIN processing these days for H1B stamping, how much risk do I have for getting stuck due to ADMIN PROCESSING ?

ADMIN process has nothing do with your Client A or B. Its your background check, not employers. Result would not differ, but to be honest this admin process sucks... :mad:

ADMIN processing does depend on the client as well. they are cracking whips on body-shoppers. Direct employment without E-V-C model does get approval with lesser wait.

PERM12
03-01-2012, 09:05 PM
I am not sure where you got this information from but that is not true.
you are only Abandoning COS and not H1 —Remember H1 primarily is for citizen of foreign country who is not in USA. and hence the petition has to be approved if its in approvable condition.
And the petitioner will get the copy of I-797A without I94 printed at the bottom
and also petitioner will get a letter stating that the COS is denied since the applicant on whose behalf the pert ion was filed left the country and that he needs to apply for a visa at embassy.

I agree Attorney's do not suggest abandoning the petition however USCIS can/will NOT Deny the H1 if the application is approvable.

the above information is provided with personal experience.

Nope, abandoned petition won't be approved. one cannot leave the country if h1 is filed (transfer/extension doesn't matter). have to wait for the decision. i have discussed this with multiple lawyers.

PERM12
03-01-2012, 09:10 PM
Found one article from Attorney Murthy's site — see the first Question and answer para 1 will sums it all…hope that helps..

MurthyDotCom : MurthyChat FAQ - H1B and H-4 Status Issues (http://www.murthy.com/news/n_mch1h4.html)