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Poor_Employee

Attorney & Legal made mistake in my employment transfer

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Hi,

Below is my case.  Please go through it and possible advise on the right action to be taken in this situation.

Parent company "P" has two child companies "A" & "B" . I have valid I797 approved till end of 2021 with petitioner "A" . Due to COVID crisis my project was called off. I found a job in company "B". We have same legal attorney for Company A, B  and P.   

As per my company legal attorney  advise I had to switch to company B with just an amendment which can be filed once I moved from current location to another location. Due to COVID situation i was not asked to move for now and also they never filed an amendment either. I was terminated in company A and hired by company B in the process during which they did I-9 verification with new company. I have received two paychecks from my new company B.

Now my attorney and my HR have comeback to me saying that they messed up with my employment transfer and a new H1B filing should have been done when moving from company A to company B. They suggested to terminate in company B and move back to company A.

I certainly believe that this is going to be big red flag in my US employment history.  What I really want to know is do we need some kind of written evidence from company HR & legal team accepting the fault by company and not by employee. Also will this kind of company fault is accepted by USCIC so that my future renewals are not in jeopardy.

Thanks

Edited by Rajesh T

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Your I797 with company A is valid until end of 2021 (and so is your I-94).  Since company A has not yet revoked your I797, I believe you are good and in status with USCIS.  

Lets see what other experts advise.

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Since you left company A they by law had to inform USCIS that you no longer work there. If they want to hire you back they would have to file a new H1 petition. If they didn't inform USCIS they would have to pay you for the time you were not working there.

The lawyer should know about that. If he doesn't the company should get a better lawyer.

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As you are concerned, correctly so, you worked without authorization/illegal employment with B. It is definitely advisable to get and keep as much evidence as possible for CYA about your company’s screwup. 

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Thanks all who have shared your views on this. My case is still hanging with my company attorney, HR and legal have not made any decision yet. 🤐

I have not been given any statement till now from either of them. Its very sad to say that my company is one of the top IT companies in US. 

Do i have any legal case if things gets messed up. Should i consult attorney outside of company.

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16 hours ago, Poor_Employee said:

Thanks all who have shared your views on this. My case is still hanging with my company attorney, HR and legal have not made any decision yet. 🤐

I have not been given any statement till now from either of them. Its very sad to say that my company is one of the top IT companies in US. 

Do i have any legal case if things gets messed up. Should i consult attorney outside of company.

A second opinion always helps .... in case you want to consult an attorney outside of company.

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