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  #1 (permalink)  
Old 12-19-2012, 06:31 AM
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RohitVarma78 is on a distinguished road
Question Reporting someone out of status

Hello,

I was working for company A on L1. Company B sponsored my H1 with change of status. My petition was approved with a start date of March 19 2012. But I joined company B only on May 7 2012, and continued with company A until that time. Did I go out of status due to the delay?


I'm still with company B, but want to move out. If I did go out of status, can company B report to USCIS/immigration about it? Would that delay ever hurt me? Company B treats us like 'bonded labors' and might threaten me using the 'out of status' matter if I try to quit.
Hence my doubt.

Thanks for your time.
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  #2 (permalink)  
Old 12-19-2012, 08:52 AM
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greendream26 can only hope to improve
Default

Quote:
Originally Posted by RohitVarma78 View Post
Hello,

I was working for company A on L1. Company B sponsored my H1 with change of status. My petition was approved with a start date of March 19 2012. But I joined company B only on May 7 2012, and continued with company A until that time. Did I go out of status due to the delay?


I'm still with company B, but want to move out. If I did go out of status, can company B report to USCIS/immigration about it? Would that delay ever hurt me? Company B treats us like 'bonded labors' and might threaten me using the 'out of status' matter if I try to quit.
Hence my doubt.

Thanks for your time.
You are not out of status. Its normal when you continue work with old company even if new H1b has been approved with new company.
You can continue working with old company however old company does not revoke your H1
which is not the case.
Neither did your new company revoke the H1 becoz you didnt join them on time, so you are good on both sides.

You can have only 1 salary on either of the H1's, I mean you cannot work for 2 companies at the same time, if you did its a fraud.

About your change to another employer,
1) if you know your old H1b is still valid you can go on that and join the old employer but you need to be sure on that.
2) find another company and file the new H1b(some people call it transfer) once you get approval then leave the existing company and they will threaten you with all crap......just leave they cant do anything!!!!
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  #3 (permalink)  
Old 12-19-2012, 09:10 AM
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Default

Thanks so much for the reply.

My previous visa was L1 and not H1. Would your reply still apply to me? I am concerned because there is a change of status (L1 to H1) involved, and I continued with the previous company (for over a month) after the H1 validity began.

Thanks again.
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  #4 (permalink)  
Old 12-19-2012, 09:18 AM
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Quote:
Originally Posted by RohitVarma78 View Post
Thanks so much for the reply.

My previous visa was L1 and not H1. Would your reply still apply to me? I am concerned because there is a change of status (L1 to H1) involved, and I continued with the previous company (for over a month) after the H1 validity began.

Thanks again.
Ohhhhh I dont know deeply about L1 to H1 rules. But I am not too negative because its a myth that when you transfer H1 from old to new company your old h1 gets cancelled. It only gets cancelled when employer revokes it.
Similarly L1 was not cancelled until he revokes that and new company also didnt cancel the new H1b. If this logic is right then you should be good.

I would like to see if some senior members reply on this. Again I am not sure you need to ask a lawyer!!!
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  #5 (permalink)  
Old 12-19-2012, 02:16 PM
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tamilbalu is on a distinguished road
Default H1 Quota

How can company B apply for your H1 on March? Did they apply much earlier asking for March'2012 start date?

As per status, you are supposed to join company B on March. But don't afraid to quit company B if you want to. They will not complain to USICS. When they do, will USICS not ask company B as why are they complaining now when they know you did not join when H1 got approved. You will be in trouble if Company B has proff asking you to join and you ignored it for 2 months.

btw, remember, barking dogs seldom bite
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  #6 (permalink)  
Old 12-19-2012, 02:30 PM
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Quote:
Originally Posted by tamilbalu View Post
How can company B apply for your H1 on March? Did they apply much earlier asking for March'2012 start date?

As per status, you are supposed to join company B on March. But don't afraid to quit company B if you want to. They will not complain to USICS. When they do, will USICS not ask company B as why are they complaining now when they know you did not join when H1 got approved. You will be in trouble if Company B has proff asking you to join and you ignored it for 2 months.

btw, remember, barking dogs seldom bite
I do agree somewhat but the last line seems contradictory,
"You will be in trouble if Company B has proff asking you to join and you ignored it for 2 months."

my answer to this line is even if they have proof they did had a option to revoke his H1 in which case they didnt. So they dont have any option of shouting now for it.

Happily take a transfer but make sure to join another company only after H1 approval and not on receipt of the application becoz many people do that and if the visa get denied they fall in trouble.

Note: Use my suggestions at ur own risk!!! Contact a lawyer for further assistance or help!!!
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  #7 (permalink)  
Old 12-24-2012, 07:41 PM
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Default

Quote:
Originally Posted by tamilbalu View Post
How can company B apply for your H1 on March? Did they apply much earlier asking for March'2012 start date?

As per status, you are supposed to join company B on March. But don't afraid to quit company B if you want to. They will not complain to USICS. When they do, will USICS not ask company B as why are they complaining now when they know you did not join when H1 got approved. You will be in trouble if Company B has proff asking you to join and you ignored it for 2 months.

btw, remember, barking dogs seldom bite
Thanks for your reply.

The petition was filed in 2011 and was approved with a start date in 2012.

And, the delay in joining the company was because they could not find a project for me. So, I believe I'm safe there.
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