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  #46 (permalink)  
Old 07-20-2007, 01:25 PM
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Quote:
Originally Posted by msjaggi
Hi,
1. I am on L1 with current company A(with current i-94 expiring in Nov 2007). I got my H1 approval this year from consultant B and they got the I-797B. This document shows the validity from Nov 2007-2010. But I have heard people get something called I-797A which has a new I-94 attached to it and in my case it is not.

Here are my questions.

1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?

2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.

3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.

4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.

Thanks in advance.

Here are my answers, may be wrong use it at your own risk.

1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?
No u cannot. Since u said the valid date is from Nov 07.

2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.
U have to leave the country and re-enter agin so that u will get a new I-94.

3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.
I don't think its possible, may be worng.

4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.
Its illegal to work before the start date mentioned and also since ur I-94 will expire u have to leave the country.
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  #47 (permalink)  
Old 07-20-2007, 01:47 PM
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visacase can only hope to improve
Default H1B Cancellation/Withdrawal...

Hi,

How can one know if ones employer has withdrawn/cancelled ones H1B visa? Apart from asking the employer, if one uses the EAC # ans checks the status on www.uscis.gov, will it be reflected over there?
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  #48 (permalink)  
Old 07-20-2007, 02:57 PM
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newxyz100 is on a distinguished road
Default

Quote:
Originally Posted by visacase
Hi,

How can one know if ones employer has withdrawn/cancelled ones H1B visa? Apart from asking the employer, if one uses the EAC # ans checks the status on www.uscis.gov, will it be reflected over there?
Q: Can an employer cancel H-1B visa without employee’s knowledge/consent?
A: Yes and remember it is illegal to travel on a cancelled visa.

Q: If an employer can cancel my visa without my knowledge, how do I know that my visa is still valid?
A: Unfortunately, the only reliable source for that information is INS and your employer. There is really no other way to find out. You could try INS although they may not help you as you are an employee.
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  #49 (permalink)  
Old 07-20-2007, 03:29 PM
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vchenna is on a distinguished road
Lightbulb H1 Transfer Pending- Need Help Urgent

Hi ,

I have a my my case in pending state for H1B transfer from company A to company B.

Pending status h1b with company B.

From Company A : I got the Labor and I140 Approved.
I m trying to file my 485 through comapany A- But my employer says that I need to have new H1B with him- Cos his company merged with another another company.

Can someone try to help me on it
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  #50 (permalink)  
Old 07-20-2007, 03:55 PM
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Default

Actually you can request a duplicate H1B form..

http://www.lexisnexis.com/practicear...106%20late.pdf
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  #51 (permalink)  
Old 07-20-2007, 04:03 PM
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mrdelhiite has a reputation beyond repute mrdelhiite has a reputation beyond repute mrdelhiite has a reputation beyond repute mrdelhiite has a reputation beyond repute mrdelhiite has a reputation beyond repute mrdelhiite has a reputation beyond repute mrdelhiite has a reputation beyond repute mrdelhiite has a reputation beyond repute mrdelhiite has a reputation beyond repute mrdelhiite has a reputation beyond repute mrdelhiite has a reputation beyond repute
Default

Quote:
Originally Posted by vchenna
Hi ,

I have a my my case in pending state for H1B transfer from company A to company B.

Pending status h1b with company B.

From Company A : I got the Labor and I140 Approved.
I m trying to file my 485 through comapany A- But my employer says that I need to have new H1B with him- Cos his company merged with another another company.

Can someone try to help me on it

H1 and green card are seprate things. H1 is for current employement and green card is for future. If down teh line you can come back to employer A you should be fine. Although all this can generate a RFE. Please consult a lawyer. I recommend Rajiv.
Hope it helps.
-M
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  #52 (permalink)  
Old 07-20-2007, 04:08 PM
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japs19 is on a distinguished road
Smile Same situation...

You didn't specify if it has been 6 months since you had 140 approved through company A. Assuming it has been over 6 months (so company A won't revoke your 140), you can file for 485 and use the LC+140 of company A. You do not need an H-1 with company A as employment based GC is for future job not present job. The only risk involved is, if you apply for 485 which you are employed by company B, and if you get approval within 180 days (which I highly doubt) then you HAVE to go and work for company A for 90 days. If nothing happens for 180 days, you are safe.

Hope this answers your question. Anyone, correct me if I am wrong.
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  #53 (permalink)  
Old 07-20-2007, 04:40 PM
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Default

Quote:
Originally Posted by newxyz100
Q: Can an employer cancel H-1B visa without employee’s knowledge/consent?
A: Yes and remember it is illegal to travel on a cancelled visa.
Could you provide more information/links about the same if you have any...

Thanks in advance,
Jude
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  #54 (permalink)  
Old 07-20-2007, 04:58 PM
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newxyz100 is on a distinguished road
Default

Quote:
Originally Posted by judemit
Could you provide more information/links about the same if you have any...

Thanks in advance,
Jude
http://www.immigration.com/faq/h1bvisa.html#61
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  #55 (permalink)  
Old 07-20-2007, 05:14 PM
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sth2009 will become famous soon enough
Unhappy H1b Transfer to previous employer

I did my masters here.I got my first job at Company A.They sponsored my h1b through masters quota and was working till feb 2007.Now I transferred my H1b to company B .Things are not working now with Company B.I have all the paystubs of company B

*********Very Important***** I have only F1 visa stamped in my passport
After graduation I didnt go to India

Company A didnt cancel or revoke my h1b.They would like to hire me again

Do I need a retransfer to company A - ?

Company A H1bvisa is valid till 2008 and Company B H1btill 2010

Does it cause any problem at the time ofextension ?

Pleassssssssssse help me so that I can go and work at Company A

Gowri
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  #56 (permalink)  
Old 07-26-2007, 04:56 PM
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vchenna is on a distinguished road
Default H1b-transfer-vj

GURU's

I m Employee of company "A" have a valid H1-B till 2008.

I came to company "B" through company "A" acquisition. I left company "B" in March 2007 and joined some other company( "C" ) on H1 B.

Question is- I have a project now and wanted to get back as a employee of "B".

Will company "A"' H1-B be valid? Or do we have to do a H1 B transfer ?

Please suggest
Thanks
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  #57 (permalink)  
Old 07-26-2007, 05:09 PM
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chunky is on a distinguished road
Default status after GC

My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.

My 140 is still pending
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  #58 (permalink)  
Old 07-31-2007, 10:17 PM
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techdev is on a distinguished road
Default H1 transfer question - urgent

Hi,

I am working with a consulting comp since 6 months. Now, I got a permenant offer from other comp and they have applied for transfer ( i have fedex receipt).

Now, I have a employment agreement with my company A which says I need to work with them for 12 months or need to pay 9500$. I can give 2 weeks of notice along with this. Contract is not on there letterhead but It has stamp with there address ( no company name on stamp). Contract says there name. Also signed is done by a marketing person of that comp.

Is that valid contract? Can they ask me to pay 9500$ or sue me on that basis?
Please reply me urgently as I need to decide what to do.

Thanks in advance
Parag
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  #59 (permalink)  
Old 08-01-2007, 12:27 AM
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snaked is on a distinguished road
Default H1B transfer without paystub

Hi All,

I came to US a week back and have realised that my consultant here is in-competent to get me a job sooner. He usually takes 2 months.

So, I am planning to get my H1 transfer with-out pay stubs. Some consultant are even ready to get that done.

Can any of you please tell me if transfer can be done with out pay stubs.

Thanks,
Snaked.
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  #60 (permalink)  
Old 08-02-2007, 04:20 PM
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new2H1&GC is on a distinguished road
Exclamation Transfer H1B without working for petitioning company

Hi,
I just got my H1B approved through company A with start date of 1st Oct 07.
Can a transfer the H1B to another company without working for company A?
I am in the US on H4 visa. I read that if you are in the US can transfer within 60 days of start date, and if you are outside US then within 30 days of start date. Is this true? Thank you all for your replies. It would be a big help!!
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