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honebeequery

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About honebeequery

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  1. Hi All, I have a question regarding my transfer of H1b and EB2 PERM to a new employer. I'm working with a company for the past 3 years and my PERM was approved has year and my I-140 got approved in May 2016. Now, I'm planning to move to my client - into a better role and a different location. I still have 2+ years on my H1B and my client is willing to file the H1b and EB2 application with the new role. However, my current employer is not in a mood to allow the transfer. Now, I have the following questions. 1. Can my current employer revoke the I-140 and labor cert? Would that impact the retention of priority date? 2. What needs to be done in order to retain the priority date, even without the consent of my current employer? 3. What docs do I need for the transfer?
  2. Thank you for your reply jairichi. I've signed a contract with my employer - which doesn't quote any text about "minimum period to stay with him". - But, in general, if an employee's H1B expires before the contract period, does the contract still stay valid? Or, does the contract stay valid irrespective of the status? That's the 4th point I was pointing to, in my previous post. I currently don't have a direct link to him to prove that I've paid him for my visa - I've deposited the amount in his father-in-law's savings bank account. And he managed it very cleverly, without any written proof. I'm planning to send out another email on the last working day - this friday - and asking him to " clear all the arrears along with the W2 form. If not, I'll approach DOL". Does that sound reasonable? And, can any of these affect my prospects of applying for a GC sooner?
  3. I am currently serving notice period with my current employer. He doesn't agree for the resignation and the discussion with my previous employer didn't go well. He was saying that I cannot quit by resignation (which I submitted last monday 6th of Jan) and I have the one between the two options to choose. I've received the I-797 approval with my next employer - along with extended I-94s for me and my family. 1) Stay with him for another 6 months - to which I said I cannot agree on, as I said I can serve the notice of 10 working days, from the date of resignation, which is this Friday (January 17th). The signed contractual agreement doesn't specify any commitment period, except the notice of 10 working days. Can I still go ahead and continue to serve the notice period and move to the next employer next monday? 2) Stay with him for 1 more month and then, he can get me a one way ticket to India, and then I can come with the employer I wanted to. Otherwise, he's threatening to file a complaint to USCIS on me and get me deported. Can he really do that? Or, is he saying this just to threaten me? Here below are few things that happened. 1) My H1B got approved after two RFEs and got the visa stamped at the end of April'2013. 2) I've entered the US on the 4th of July' 2013 and since then I was on bench till August 5th. My employer didn't pay me for this period. 3) The first pay I received was on October 1st(3 months later, I came to the US) I joined and that was for the month of August. Currently, he's paying salary with a month's delay. The most recent pay that I received is for the hours I worked for, in November. - My paychecks reflect the same. 4) My current H1B with Horizon Systems Inc, will expire on 15th Jan 2014 and I'm not aware of any extensions applied by him. Does that still entitle my current employer to work against me? 5) When I enquired with him reg. the medical insurance, he told me to wait till Jan'14 to get a medical insurance for me and my family. So, I had to choose a different health care plan at my own expense, other than that should have been offered by my employer. After that, he took a confirmation email from me that I don't require a health insurance. 6) I've borne all the cost of my H1B(~4300 USD), my travel from India(~1000USD), my stay here in the US,while on bench, and wasn't getting any support on these fronts from my employer.
  4. honebeequery

    H1B stamped; but got another offer

    Thanks for the reply Rahul My Old H1B is valid till Jan 2014. When I get the new I 797, do I need to get the visa stamped again around Jan? If so, Once premium processed, getting the visa stamped here and moving to US is better? pls advise.
  5. Hi, I am in India and my h1b is stamped recently with company A ( a consultancy)and now company B(an American based fortune 500 product firm) issued an offer. My current H1B is valid only till Jan 2014, hence a new H1b petition will have to be filed, either after I move to the US or before that while I still stay in India. 1) Which one is suggestible in the above two options? 2) Let us say, a premium processing is initiated, what are the timelines and best case possibilities in order to get an approval? And, in such case will I again have to go to visa stamping in India? 3) with the new petition, are there chances to get a 3 year approval notice? Thanks in advance for the answers.
  6. Hi, I am in India and my h1b is stamped recently with company A ( a consultancy)and now company B(an American based fortune 500 product firm) issued an offer. My current H1B is valid only till Jan 2014, hence a new H1b petition will have to be filed, either after I move to the US or before that while I still stay in India. 1) Which one is suggestible in the above two options? 2) Let us say, a premium processing is initiated, what are the timelines and best case possibilities in order to get an approval? And, in such case will I again have to go to visa stamping in India? 3) with the new petition, are there chances to get a 3 year approval notice? Thanks in advance for the answers.
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