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Posts posted by Srinivasan76

  1. 11 hours ago, rksingh said:

    You can be approved for a new employer but do NOT have to start immediately. H1B is never "transferred". Your new employer will file a NEW H1B petition for you.....and that is why the old employer can never come to know that a new H1B petition has been filed on your behalf. And even after your new H1B approval you can still continue to work for your old employer.

    And, Yes, you can start work with your new employer as soon as you receive a Receipt notice. Its just a little more risky than waiting for approval.

    Thank you, that clarified my doubt. I sincerely appreciate your help!

  2. On 2/10/2021 at 8:20 PM, rksingh said:

    You need to get your new employer to file your H1B (there is no way your old employer will know about this process/application unless someone tells them). Once your receipt notice for the H1B with new employer is received, you can then give a 2 week notice to your old employer and then start working for the new employer after the 2 weeks.

    Just keep in mind that it is wiser for your new employer to file with premium processing: that way you can give your 2 week notice after approval of your new H1B and be safe from falling out of status.

    In the US, employment is usually at will from both sides (unless an employment contract signed in US exists). It is unlikely that your employer can enforce a contract signed in India....but why burn bridges with them? Follow above procedure and give them their required 2 weeks notice.

    Thank you for your response. But how can I work for my old employer for 2 weeks AFTER my H1B has been successfully transferred to another employer through premium processing? My understanding: the moment the USCIS issues a receipt notice for a H1B transfer - not the APPROVAL notice, just the RECEIPT notice - the employee becomes eligible to work for the new employer, and cannot work any longer for the old/original employer. Please correct me if I am wrong.

  3. I am on H1B, and considering leaving my employer to join another company. I dug out my current employment contract and it says "...shall provide 2 weeks' notice..." The employment contract was signed in India. How the heck am I supposed to provide 2 weeks' notice on a H1? They will revoke my visa immediately!

    Is this enforceable in the US under US laws?

  4. When I was last in the US in 2013, I had to rush back home due to my mother's illness. I could not properly close the lease agreement for my apartment. Subsequently, I got sued. I paid the claim amount from India and the suit was dismissed "with prejudice". Now I am going for my H1B stamping. Will this past / settled lawsuit affect my chances due to a negative assessment of my background?

  5. I am in India. My company recently obtained a German Schengen Business visa, intending to use it to transfer me to Poland for a series of meetings there. My company claimed it was OK to get a German Schengen visa and travel on to Poland because they are all Schengen states. 

    Unfortunately, I was denied boarding at the airport. The next day, the German Consulate called me in and canceled my visa, saying: 

    1) The conditions and arrangements of your stay were not reliable, 
    2) The embassy was made aware your primary destination was not Germany. 

    More than my business travel, I am worried about my upcoming H1B stamping visit to the US consulate. How much of a trouble is this incident, and the visa cancellation on my passport, likely to cause? Will I be held to be a suspicious individual who has a history of visa abuse/fraud, though the business visa paperwork was provided to me by my company? What kind of additional paperwork, if any, should I prepare for the H1B stamping? 

    Thanks for your advice! 
    Best Regards