Transition Issues in H1B

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding issues that arise during transition to H1B status from a different nonimmigrant status. 

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.
 

[Sam Pitt]

My H1B expired and i filed for H4 on my wife's H1B visa before the H1 expired.. and went on leave of absence while my company was working to transfer my to their offices abroad, outside of the US. Due some delays, the transfer process will only be completed by Jun 1st week.

Now my company is saying that if I want to remain on unpaid leave of absence, I have to leave the country or else be terminated. I cannot go through with the inter company transfer if I am terminated. Also, I have a small child and no other family support where I live, which makes the option of leaving the country immediately totally undesirable. 

My question is as follows: "Is there any immigration law that requires me to leave the country to remain on the company roster on an extended unpaid leave of absence, or be terminated altogether if I want to stay in the US on an H4 visa?" 

Thanks,
Sam

 

PS: Why I didnt get through with my green card process/I-140 approval is a different story about incompetence from my company. 

 

[Vardha88]

Hi,

I am on F1 visa and working in STEM OPT which will expire on June 12th. I work for a institution of higher education as a database engineer. My cap exempt H1B application got denied on May 24th after RFE. The reason for the denial is stated as not holding the education required for the position. USCIS states that Database Administrators usually have a "degree in an information- or computer-related subject, such as computer science." I filed with my Bachelor's degree in Electronics and Biomedical Engineering. I received an RFE in Feb questioning the academic qualification. The attorney responded in a time manner with evidences (expert opinion, mapping courses etc.).

I now have my Master's degree in Biomedical Informatics. We are working on filing the H1B for the second time with my Master's degree. Any opinion on relevant documentation to convince USCIS that Biomedical informatics is a information related field and is accepted for database administrator positions? (other than mapping the courses to job responsibilities)

Thanks!

Edited May 2, 2019 by Vardha88

[SW_employee]

Hello,

I have complicated history with H1B and want to understand my options.

1. My I-94 was given as per passport validity while visa was valid for longer duration. I forgot to renew my I94 and realized it after almost one year. My company filed for H1 extension with NPT and it was approved giving me rest of time of 6 years on H1B.

2. Recently I moved to H4 status as I have almost used up 6 years and I also have approved EAD based on my husband's I-140. I have continued to work for same employer but with different visa status.

Now, questions are,

1. Do I have to mention in DS-160 form as "yes" to question that I ever had unlawful status?

2. Will this create any issues during my green card processing?

3. Will I face any issue while moving to H1B status in future?

3. I am planning India trip and heard about visa rejections during stamping. What documents should I carry? If there is any increased risk in my scenario?

Thank you.

 

[Attorney_22]

On 5/2/2019 at 11:40 AM, Sam Pitt said:

My H1B expired and i filed for H4 on my wife's H1B visa before the H1 expired.. and went on leave of absence while my company was working to transfer my to their offices abroad, outside of the US. Due some delays, the transfer process will only be completed by Jun 1st week.

Now my company is saying that if I want to remain on unpaid leave of absence, I have to leave the country or else be terminated. I cannot go through with the inter company transfer if I am terminated. Also, I have a small child and no other family support where I live, which makes the option of leaving the country immediately totally undesirable. 

My question is as follows: "Is there any immigration law that requires me to leave the country to remain on the company roster on an extended unpaid leave of absence, or be terminated altogether if I want to stay in the US on an H4 visa?" 

Thanks,
Sam

 

PS: Why I didnt get through with my green card process/I-140 approval is a different story about incompetence from my company. 

 

Hi Sam, since your questions are pertaining to legal options for your personal circumstances, it is highly advisable to call our office and speak to one of our U.S. immigration attorneys. They will be able to help guide you and advise you on your current situation and any possible options available. 

[Attorney_22]

On 5/4/2019 at 2:49 AM, SW_employee said:

Hello,

I have complicated history with H1B and want to understand my options.

1. My I-94 was given as per passport validity while visa was valid for longer duration. I forgot to renew my I94 and realized it after almost one year. My company filed for H1 extension with NPT and it was approved giving me rest of time of 6 years on H1B.

2. Recently I moved to H4 status as I have almost used up 6 years and I also have approved EAD based on my husband's I-140. I have continued to work for same employer but with different visa status.

Now, questions are,

1. Do I have to mention in DS-160 form as "yes" to question that I ever had unlawful status?

2. Will this create any issues during my green card processing?

3. Will I face any issue while moving to H1B status in future?

3. I am planning India trip and heard about visa rejections during stamping. What documents should I carry? If there is any increased risk in my scenario?

Thank you.

 

Due to the complicated nature of your questions and the answers regarding them, it is advisable to reach out to our office and speak to one of our U.S. immigration attorneys. 

[Vahan]

I am currently working with Employer A on H4-EAD. Employer A filed for my H1-B, and my petition was selected in the lottery (receipt notice was received this month). At this point I am thinking of  relocating and working for employer B. Given the uncertainty around the H-4 EAD, I would like to move to H1B as well.

Questions:

1. What would be the best way to change employer at this point in the year while also ensuring I do not lose my H1B petition?

2. Should I file H1B under premium processing?

3. I would like to change my job before Oct and move to H1B as well is there any risk?

Edited May 13, 2019 by Vahan
Refine quesitons

[Attorney_22]

17 hours ago, Vahan said:

I am currently working with Employer A on H4-EAD. Employer A filed for my H1-B, and my petition was selected in the lottery (receipt notice was received this month). At this point I am thinking of  relocating and working for employer B. Given the uncertainty around the H-4 EAD, I would like to move to H1B as well.

Questions:

1. What would be the best way to change employer at this point in the year while also ensuring I do not lose my H1B petition?

2. Should I file H1B under premium processing?

3. I would like to change my job before Oct and move to H1B as well is there any risk?

You should schedule a time to speak with one of our attorneys prior to making any decisions. 

[mvd17]

Hello Sir/ Madam, 

I am currently in a very troubled situation with my H1 transfer. 

Quick background: I was recently impacted by layoffs with Emp A (size > 100,000), within the 60day grace period I was able to find another opportunity with a Consulting company Emp B (size <= 50). However, my new role is project manager which is different from earlier work experience (Technical/ Functional oriented).

We got an RFE asking for following and more-

(1) Prove current role qualifies as H1b speciality occupation 

(2) Proof based on others employed for similar roles and bachelors degree requirements 

(3) Right to control - Employer Employee relationship proof. 

(4) Organization chart listing of employee 

I understand that in current scenario these have become standard questions. My concern is primarily because of 2 reasons - please advise 

(1) Change In role to PM from earlier technical roles that I have held for over 12 years. Current role is related to same field of work. How to establish H1b speciality occupation?

(2) I do not have confidence in my attorney and want to know if I can change them? 

 

Thanks, MvD

[SSahoo]

Dear Sir/Madam,

I am on CPT and working full time as a software developer. My H1B visa was applied this year and it got picked in the lottery(got to know before 2 days). So, I work with a consultancy and I have the consultancy as Employer, next is Vendor and finally Client. My question is, can I be able to switch to a different vendor, keeping the Employer and Client unchanged and that won't impact my H1(it's on the process)? What are the risks involved in just changing the vendor? 

Please suggest/advice.

I would really appreciate your help.

Thanks,

Sekhar

 

[rohiniavadhanam]

Hi,

I have a situation.  I was on H1B valid from Mid Feb 2017 to Mid Feb 2020.

My last working day at my previous employer was April 1^st. My current organization applied for an H1B transfer during April-May and I have received a receipt notice  on May 2^nd. Due to the start date situation according to the Organization have started to work on June 10. 

My grace period I would assume would have started April 2^nd, keeping it mind a 60 days period until May 31^st.

 

However before leaving the employment at my previous employer, I have filed a H1B to H4 status as a dependent visa on my Husband’s H1B. As soon as I have received the receipt for H1B transfer , I have sent a withdrawal letter to USCIS with required information. 

I do not see any change in the online portal yet, I have called the USCIS customer care to see what the status was. They said they aren’t seeing anything . I do have the postal tracking and it have delivered the package.

My question is, since my H1 an d H4 have not been approved yet, I have started working at my current employer. 

What is the possible outcome? I am worried if H4 might get approved before H1B. 

Please advice. 

Thanks.