H1-B out of status doubt

venkatakris2000

By venkatakris2000,
in H1B : Portability Issues

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venkatakris2000 Advanced Member

venkatakris2000

Posted
Posted

  1. Gave resignation for employer X: Oct 6 2013

Started working for Y: Oct 14 2013

Stopped working at Y as they started processing H1. They started H1 transfer on same day(H1 from X is still not cancelled): Oct 28 2013 evening

Got RFE: NOV 14

Company Y withdraw their petition as they did not want to answer the RFE: Dec 14

Asked X to rehire me and they refused to take me: Jan 3 2014 

Found new company Z and they are filing transfer this week: around Jan 13  2014.

 

Can somebody tell me if I have been out of status? Company Y made me work for 2 weeks (Oct 14 to Oct 28) but havent run my payrole. 

 

What are my chances of getting transfer to Z? I have checked online today and the H1 from X is not cancelled yet but they said that they will.

 

Quick replies are really appreciated.
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jairichi Advanced Member

jairichi

Posted
Posted

 

  1. Gave resignation for employer X: Oct 6 2013
  2. Started working for Y: Oct 14 2013
  3. Stopped working at Y as they started processing H1. They started H1 transfer on same day(H1 from X is still not cancelled): Oct 28 2013 evening
  4. Got RFE: NOV 14
  5. Company Y withdraw their petition as they did not want to answer the RFE: Dec 14
  6. Asked X to rehire me and they refused to take me: Jan 3 2014 
  7. Found new company Z and they are filing transfer this week: around Jan 13  2014.

 

Can somebody tell me if I have been out of status? Company Y made me work for 2 weeks (Oct 14 to Oct 28) but havent run my payrole. 

 

What are my chances of getting transfer to Z? I have checked online today and the H1 from X is not cancelled yet but they said that they will.

 
Quick replies are really appreciated.

 

You were out of status from Oct 7th 2013 to Oct 27th 2013. Working with employer Y without even having a receipt notice of filing H1B petition is considered as unauthorized or illegal employment. Now, you are out of status from Dec 14th 2013. Chances of approval of employer Z's cap exempt h1B petition is based on documents submitted. If at all it gets approved your COS would be denied as you were out of status when petition was filed. It might get approved with consular processing.

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bume Member

bume

Posted
Posted

You have been out of status since the day after you stopped working for company Y. As there are no clear guidelines as to how many days of being out of status is fine, it is upto the discretion of USCIS officer.

Make sure that company Z also applies for "extension of status" as well. Be very clear about your situation to the attorneys of Z.

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rohang Advanced Member

rohang

Posted
Posted

 

  1. Gave resignation for employer X: Oct 6 2013
  2. Started working for Y: Oct 14 2013
  3. Stopped working at Y as they started processing H1. They started H1 transfer on same day(H1 from X is still not cancelled): Oct 28 2013 evening
  4. Got RFE: NOV 14
  5. Company Y withdraw their petition as they did not want to answer the RFE: Dec 14
  6. Asked X to rehire me and they refused to take me: Jan 3 2014 
  7. Found new company Z and they are filing transfer this week: around Jan 13  2014.

 

Can somebody tell me if I have been out of status? Company Y made me work for 2 weeks (Oct 14 to Oct 28) but havent run my payrole. 

 

What are my chances of getting transfer to Z? I have checked online today and the H1 from X is not cancelled yet but they said that they will.

 
Quick replies are really appreciated.

 

you are out of status since you left X, as Y never paid you. 

 

RFE is very much possible, if you are lucky.

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jairichi Advanced Member

jairichi

Posted
Posted

Suggestions given by X are:

 

  • to file a transfer and leave the country so that there will be no record of out of status time.

          OR

  • to apply for h1 in next year quota and come on fresh h1.

Please comment.

X is not ready to rehire you and so why did you go to X again for opinion?

 

1. Leave the country and let employer Z file as consular processing

2. You cannot apply under cap next year. To be eligible under cap you need to be outside US for 365 days before a H1B petition could be filed.

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venkatakris2000 Advanced Member

venkatakris2000

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  • Author
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X is not ready to rehire you and so why did you go to X again for opinion?

 

1. Leave the country and let employer Z file as consular processing

2. You cannot apply under cap next year. To be eligible under cap you need to be outside US for 365 days before a H1B petition could be filed.

jairichi,

 

Thanks for the reply. What is consular processing? 

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venkatakris2000 Advanced Member

venkatakris2000

Posted
  • Author
Posted

X is not ready to rehire you and so why did you go to X again for opinion?

 

1. Leave the country and let employer Z file as consular processing

2. You cannot apply under cap next year. To be eligible under cap you need to be outside US for 365 days before a H1B petition could be filed.

1. I have a project and Z says I can join the project from jan 13th. Are they correct? Please reply. its urgent. 

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jairichi Advanced Member

jairichi

Posted
Posted

jairichi,

 

Thanks for the reply. What is consular processing? 

Exiting and entering US with a valid H1B visa and new I797.

 

1. I have a project and Z says I can join the project from jan 13th. Are they correct? Please reply. its urgent. 

Since you are out of status it is not possible. And, again you are making the same mistake rahul412 pointed out (joining employer Z before petition approval). Leave country asap as you are out of status for a long time. Once employer Z's petition is approved enter with a valid H1B visa and new I797.

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t75 Advanced Member

t75

Posted
Posted

It was my mistake. I got influenced by them.

 

Your failure to comply with the rules of the H1B program is no ones issue but yours.

 

You should NOT join Z until you have an approval in hand. You will likely need to exit the US for consular processing.

 

You really need to make better choices of employers.

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bume Member

bume

Posted
Posted

Please do not do the same mistake again, join after you get the H1b approval.

Has Z filed your case as "extenstion of status" or "consular processing" ? Even if they have filed as "extension of status" USCIS may reject that and approve is as "consular approval"

Btw, "consular processing" means you will have to exit US and re-enter to get back into status. Please talk to your lawyer from company Z about this. It might also help your case to file it as "consular processing" and exit US asap.

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