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  #1 (permalink)  
Old 12-30-2009, 08:59 PM
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paulkurni will become famous soon enough
Default H1B dilemma

Greetings,

Thanks for reading my post. I am in a situation, which I am not sure how to resolve. I have spoken to couple of attorneys and am in confusion.

I was working with Company A on H1B till june 2009. Transfered h1b to company B in July. Both companies are consulting firms. For transfer, company B recieved an RFE for end-client letter. At the time, I didn't have a project so the company B could not reply to my RFE and USCIS sent a denial letter with abandonment as a reason.

Recently, I got a project. Company A started the contractual paperwork. According to Company A, my H1B was never terminated.

Now I am not sure if I need to file a petition for new H1B or do a transfer or do some kind of reinstatement of status. One lawyer tells me that its ok, since Company A never canceled my H1B. Another says different thing.

I do have H1B visa stamped till oct 2010 from company A. Please advise.

Thanks,
AG
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  #2 (permalink)  
Old 12-31-2009, 11:04 AM
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your are good with Comp-A H1B. don't worry about transfer or anything as long as you want to work with Comp-A.
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  #3 (permalink)  
Old 12-31-2009, 02:32 PM
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I cannot believe that any company (no matter a consulting company) was ready to transfer your H1B earlier this year without a contract when the whole world knows that USCIS issues RFE for same reason.

A common business sense says that, any company will not risk their entire reputation just for transfering H1B of some random guy in this economy and current enforcement environment where audits have increased 100 folds than previous administration.

Sorry, I am having hard time believing this question.
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  #4 (permalink)  
Old 12-31-2009, 03:45 PM
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Law Office of Elaine Martin
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Default

Quote:
Originally Posted by paulkurni View Post
Now I am not sure if I need to file a petition for new H1B or do a transfer or do some kind of reinstatement of status. One lawyer tells me that its ok, since Company A never canceled my H1B. Another says different thing.

I do have H1B visa stamped till oct 2010 from company A. Please advise.
I recommend that you leave the US and return showing the visa for Co. A. You cannot work for them before doing this, because you are not maintaining H-1B status now. However, by leaving and re-entering, you can restore the H-1B status for Co. A. However, you should speak with a lawyer before leaving the US to see if other issues in your immigration history might make leaving a bad idea.
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  #5 (permalink)  
Old 01-05-2010, 02:55 AM
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Quote:
Originally Posted by martinvisalaw View Post
I recommend that you leave the US and return showing the visa for Co. A. You cannot work for them before doing this, because you are not maintaining H-1B status now. However, by leaving and re-entering, you can restore the H-1B status for Co. A. However, you should speak with a lawyer before leaving the US to see if other issues in your immigration history might make leaving a bad idea.
Thank you very much for your response Ms Martin. I shall get in touch with an attorney soon.
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