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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 02-19-2009, 11:19 PM
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Question worked for company that got raided last week

Hello guys,

I work for company that was one of the companies that got raided last week. I talked to a couple of lawyers and they asked me to transfer my H1-B visa to another company.

History: Through this company I have approved I-140 and EAD. Company lawyer has I-140 and is not willing to give it unless authorized by HR. I am in my eighth year of H1-B.

Fact: There is no one anywhere I can reach in the company for anything. Calls go to voice mails, emails don't get delivered (servers have been confiscated),...to make long story short, they are all unreachable.

Current: I have a company that is transfering my H1B..and yes, I made sure this is not a "small desi consulting company".

Question: Do I need to "resign" from this company? If yes, how...there is no one I can reach there to send the resignation letter to. I read the post from other user who said to send resignation letter only after H1-B transfer is complete. I sure can wait a few days...but after that, do I send resignation letter?
This gets me to a more basic question, what is the use of resignation letter in my case. Anybody?
Question 2:
I was told by the new company lawyer, I can join on Monday. Would that be a good idea? Their reasoning was, get away from current company ASAP.
As you all can imagine I am very stressed out, so lets keep this post constructive and avoid any negative comments.
Thanks.

Last edited by tiredofwaitingforGC; 02-19-2009 at 11:28 PM.
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  #2 (permalink)  
Old 02-19-2009, 11:35 PM
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Originally Posted by tiredofwaitingforGC View Post
Hello guys,

I work for company that was one of the companies that got raided last week. I talked to a couple of lawyers and they asked me to transfer my H1-B visa to another company.

History: Through this company I have approved I-140 and EAD. Company lawyer has I-140 and is not willing to give it unless authorized by HR. I am in my eighth year of H1-B.

Fact: There is no one anywhere I can reach in the company for anything. Calls go to voice mails, emails don't get delivered (servers have been confiscated),...to make long story short, they are all unreachable.

Current: I have a company that is transfering my H1B..and yes, I made sure this is not a "small desi consulting company".

Question: Do I need to "resign" from this company? If yes, how...there is no one I can reach there to send the resignation letter to. I read the post from other user who said to send resignation letter only after H1-B transfer is complete. I sure can wait a few days...but after that, do I send resignation letter?
This gets me to a more basic question, what is the use of resignation letter in my case. Anybody?
Question 2:
I was told by the new company lawyer, I can join on Monday. Would that be a good idea? Their reasoning was, get away from current company ASAP.
As you all can imagine I am very stressed out, so lets keep this post constructive and avoid any negative comments.
Thanks.
Sorry to hear that.

1. As I know there is no need for you to send resignation letter. You are free to go wherever you want.

2. Yes, Transfer H1B ASAP to new company. Also, invoke AC21 to transfer your green card process to new Company.

I wish you all the best.
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  #3 (permalink)  
Old 02-19-2009, 11:36 PM
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Don't I need a copy of approved I-140 for AC21 ?
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  #4 (permalink)  
Old 02-19-2009, 11:57 PM
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Don't I need a copy of approved I-140 for AC21 ?
No you don't need copy of I140. But if you can get it that will be good. If there is a email list , do send in your resignation letter. Also do not join new company unless they confirm in writing that they have filed your H1 transfer.
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  #5 (permalink)  
Old 02-20-2009, 12:05 AM
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if you receipt number of 140, you can take print out of its approval on uscis website. that should be enough
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  #6 (permalink)  
Old 02-20-2009, 01:13 AM
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I think, you need the position title and duties to file AC21. Try to get them. The key is, you are doing a similar job afer AC21.
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