H1B resignation:H1B--B2-H1B

[usernow]

Hello Immigration Gurus,

I am about to resign in one week from my current job on H1B and wanted to see what my options were.

· Find an employer that can transfer my H1B. I am trying this through a few interviews, but no success yet

· Apply for a Change of status to B2 and then once I find a job change it back to H1B. However, My question here is

o Since B2 to H1B will be treated as a new petition, and since the cap for H1B FY2012 has been reached, when can I possibly start working? Even if a new firm applies for my new H1B petition in April-2012, should I have to wait until it is approved to work?

o Are there circumstances when this will be treated as a H1B transfer and not a new petition? For example, if I find a job in a month before my H1B is revoked by my earlier employer?

o And finally when can I apply for a transfer to B2. Lets say my last day at work is Friday, can I send in the status change request on Wednesday and hope everything is ok?

Thanks again for your time on this forum

[JoeF]

A transfer is also a new petition. So, it is always a new petition. If you have been counted for the quota in the last 6 years, you are not counted again.

If you change to B2 and later to H1 again, you can start working once the new H1 petition is approved.

[usernow]

Thanks Joe. That makes sense.

Also, what happens if my original employer revokes my petition and I apply for a transfer after this revocation?

In your opinion, is the H1-B2-H1 route manageable? I am just trying to see how cumbersome it is

Thanks again

[JoeF]

Thanks Joe. That makes sense.

Also, what happens if my original employer revokes my petition and I apply for a transfer after this revocation?

Doesn't matter. If you have been counted for the quota in the last 6 years, you are not counted again.

In your opinion, is the H1-B2-H1 route manageable? I am just trying to see how cumbersome it is

It is the safest way since it keeps you legal at all times

[livliv]

Thanks Joe. That makes sense.

Also, what happens if my original employer revokes my petition and I apply for a transfer after this revocation?

In your opinion, is the H1-B2-H1 route manageable? I am just trying to see how cumbersome it is

Thanks again

There are complications involved. It takes 2 to 3 months for a decision on change of status from H1 to B2. If you find another job in the meanwhile, there will be complications in your new employer's petition.

The safest way is of course to find another job first and resign after new employer has filed their petition.

[usernow]

Doesn't matter. If you have been counted for the quota in the last 6 years, you are not counted again.

It is the safest way since it keeps you legal at all times

Thanks again for your patience. One last qn:

If I apply for a B2 and before it is approved, if i do manage to find a job, can i go ahead and cancel the B2 application and then have my new employer apply for new H1B? Do you foresee any risks with this?

I understand that this will have to be a new petition and I will have to wait until this is approved(if my H1B is revoked)

And from your experience, if you could recommend a good lawyer that will be great.

Thanks again

[usernow]

There are complications involved. It takes 2 to 3 months for a decision on change of status from H1 to B2. If you find another job in the meanwhile, there will be complications in your new employer's petition.

The safest way is of course to find another job first and resign after new employer has filed their petition.

True, you are right. But, my situation at work has become just terrible and I personally believe this might be better, since it gives me unemployed time to look for a job.

And could you please throw more light on "If you find another job in the meanwhile, there will be complications in your new employer's petition"?. As much as I understand, It will have to be a new petition, and not counted against the H1B cap

, but the starting date with the new employer could be different based on my H1B has been revoked or not.

Thanks in advance

[livliv]

Thanks again for your patience. One last qn:

If I apply for a B2 and before it is approved, if i do manage to find a job, can i go ahead and cancel the B2 application and then have my new employer apply for new H1B? Do you foresee any risks with this?

I understand that this will have to be a new petition and I will have to wait until this is approved(if my H1B is revoked)

And from your experience, if you could recommend a good lawyer that will be great.

Thanks again

True, you are right. But, my situation at work has become just terrible and I personally believe this might be better, since it gives me unemployed time to look for a job.

And could you please throw more light on "If you find another job in the meanwhile, there will be complications in your new employer's petition"?. As much as I understand, It will have to be a new petition, and not counted against the H1B cap

, but the starting date with the new employer could be different based on my H1B has been revoked or not.

Thanks in advance

If your B2 COS is pending at the time you find another job, the new employer's H1 petition will be a bridge petition based on the pending B2 COS. It may get approved without an I-94, if that happens you will have to first leave the US, obtain H1 Visa (or use existing) and return to US to work for the new employer. If you withdraw the B2 COS, it will make you out of status (since you are not maintaining H1 status at that time).

Petition revokation by your current employer is irrelevant in any case.

If B2 COS is gets denied, you will be out of status.

There are only two safe scenarios in your plan.

One, you apply for COS to B2, resign the current job, COS gets approved, you find another job, new employer files H1 before the B2 I-94 expires, H1 approved with new I-94, then you join the new employer.

Two, you apply for COS to B2, resign the current job, COS is pending, you find another job, new employer files H1 before the COS I-94 expires, USCIS recognizes H1 petition as a bridge petition, waits for B2 approval and then H1 approved with new I-94, you can the new employer.

You see how many complications are involved here? Moreover, you will need a good reason why you are requesting change of status to Visitor. Maintaining status between jobs or job search is not a good reason. Even if that is approved, change of status from B2 to H1 is discouraged and can create problems in Visa application later.

Consult a good attorney to understand your options. This forum is run by the Murthy law firm and they have extensive experince in immigration matters.

[usernow]

If your B2 COS is pending at the time you find another job, the new employer's H1 petition will be a bridge petition based on the pending B2 COS. It may get approved without an I-94, if that happens you will have to first leave the US, obtain H1 Visa (or use existing) and return to US to work for the new employer. If you withdraw the B2 COS, it will make you out of status (since you are not maintaining H1 status at that time).

Petition revokation by your current employer is irrelevant in any case.

If B2 COS is gets denied, you will be out of status.

There are only two safe scenarios in your plan.

One, you apply for COS to B2, resign the current job, COS gets approved, you find another job, new employer files H1 before the B2 I-94 expires, H1 approved with new I-94, then you join the new employer.

Two, you apply for COS to B2, resign the current job, COS is pending, you find another job, new employer files H1 before the COS I-94 expires, USCIS recognizes H1 petition as a bridge petition, waits for B2 approval and then H1 approved with new I-94, you can the new employer.

You see how many complications are involved here? Moreover, you will need a good reason why you are requesting change of status to Visitor. Maintaining status between jobs or job search is not a good reason. Even if that is approved, change of status from B2 to H1 is discouraged and can create problems in Visa application later.

Consult a good attorney to understand your options. This forum is run by the Murthy law firm and they have extensive experince in immigration matters.

Thanks a lot for your detailed response.

-:(, it certainly is complicated.

I never realized that if my B2 COS is pending, and a new employer files for a H1B, USCIS will wait for my B2 approval and only then action by H1B. So, potentially it might take 2-3 months to process the B2, right? Is there a workaround to this?

Just wondering whether the best option for me would be to go back home and hopefully find a new H1B employer. Since I wouldn't be subject to the H1B-cap, this might make things a little easy for me

[usernow]

If your B2 COS is pending at the time you find another job, the new employer's H1 petition will be a bridge petition based on the pending B2 COS. It may get approved without an I-94, if that happens you will have to first leave the US, obtain H1 Visa (or use existing) and return to US to work for the new employer. If you withdraw the B2 COS, it will make you out of status (since you are not maintaining H1 status at that time).

Petition revokation by your current employer is irrelevant in any case.

If B2 COS is gets denied, you will be out of status.

There are only two safe scenarios in your plan.

One, you apply for COS to B2, resign the current job, COS gets approved, you find another job, new employer files H1 before the B2 I-94 expires, H1 approved with new I-94, then you join the new employer.

Two, you apply for COS to B2, resign the current job, COS is pending, you find another job, new employer files H1 before the COS I-94 expires, USCIS recognizes H1 petition as a bridge petition, waits for B2 approval and then H1 approved with new I-94, you can the new employer.

You see how many complications are involved here? Moreover, you will need a good reason why you are requesting change of status to Visitor. Maintaining status between jobs or job search is not a good reason. Even if that is approved, change of status from B2 to H1 is discouraged and can create problems in Visa application later.

Consult a good attorney to understand your options. This forum is run by the Murthy law firm and they have extensive experince in immigration matters.

And I just reached out to the generic email id on Murthy.com and hopefully will hear from them soon