sapist Posted January 14, 2014 Report Share Posted January 14, 2014 Hello Everyone, I am a frequent visitor of this forum and here is my situation. My H1 was approved with job location stated as East cost in LCA and I have started working on H1b since oct 2013 in west coast location(since I got project in another location). I have requested my employer to file H1b amendment and he is not willing to file it. My family is going for H4 stamping next month. Would it be a problem ? Please suggest . What can I do in these situations. I cannot take risk. many thanks in advance. Link to comment
jairichi Posted January 14, 2014 Report Share Posted January 14, 2014 Hello Everyone, I am a frequent visitor of this forum and here is my situation. My H1 was approved with job location stated as East cost in LCA and I have started working on H1b since oct 2013 in west coast location(since I got project in another location). I have requested my employer to file H1b amendment and he is not willing to file it. My family is going for H4 stamping next month. Would it be a problem ? Please suggest . What can I do in these situations. I cannot take risk. many thanks in advance. I believe only LCA has to be updated as you are working with same client. Talk to your employer's attorney. Link to comment
PositiveThinking Posted January 14, 2014 Report Share Posted January 14, 2014 You should request your employer to file Amendment before your family goes for stamping. It costs only $325 regular processing or you can do premium for $1225. To be on safe side Amendment should be done. Link to comment
sapist Posted January 14, 2014 Author Report Share Posted January 14, 2014 I believe only LCA has to be updated as you are working with same client. Talk to your employer's attorney. Jairichi ... It is not the same client... Link to comment
sapist Posted January 14, 2014 Author Report Share Posted January 14, 2014 You should request your employer to file Amendment before your family goes for stamping. It costs only $325 regular processing or you can do premium for $1225. To be on safe side Amendment should be done. its not about the money . he is not willing to do . He is not revealing the reasons behind it. Link to comment
jairichi Posted January 15, 2014 Report Share Posted January 15, 2014 Jairichi ... It is not the same client... Got it. Then, H1B has to be amended. If amendment is not filed and approved you might have problems at POE and there is a possibility of denial of entry to US. As I said talk to your employer's attorney than employer. If not find a good employer. Link to comment
t75 Posted January 15, 2014 Report Share Posted January 15, 2014 There is something wrong with his being unwilling to file. Consult an attorney and look for a new employer. Link to comment
sapist Posted January 15, 2014 Author Report Share Posted January 15, 2014 I have signed a contract with my employer. As per the contract , I have to pay penality if I leave the company with in one year.Also, there is 3 months notice period to serve :( Trying to reach company's Attorney . Waiting for his comment. Am I authorized to contact company lawyer with out employer knowing about it ? Link to comment
rahul412 Posted January 16, 2014 Report Share Posted January 16, 2014 I have signed a contract with my employer. As per the contract , I have to pay penality if I leave the company with in one year.Also, there is 3 months notice period to serve :( Trying to reach company's Attorney . Waiting for his comment. Am I authorized to contact company lawyer with out employer knowing about it ? But you have a reason for breaking that contract. Your employer is not following the LAW, so you can break that contract at ANY time in order to avoid future immigration issues. Link to comment
JoeF Posted January 16, 2014 Report Share Posted January 16, 2014 I have signed a contract with my employer. As per the contract , I have to pay penality if I leave the company with in one year.Also, there is 3 months notice period to serve :( Trying to reach company's Attorney . Waiting for his comment. Am I authorized to contact company lawyer with out employer knowing about it ? The employer is breaking the contract if he doesn't follow the law, so you would be free to change jobs. Link to comment
t75 Posted January 16, 2014 Report Share Posted January 16, 2014 I have signed a contract with my employer. As per the contract , I have to pay penality if I leave the company with in one year.Also, there is 3 months notice period to serve :( Trying to reach company's Attorney . Waiting for his comment. Am I authorized to contact company lawyer with out employer knowing about it ? The attorney works for the employer not you. You need to engage your own attorney for the best advice. Link to comment
sapist Posted January 17, 2014 Author Report Share Posted January 17, 2014 But you have a reason for breaking that contract. Your employer is not following the LAW, so you can break that contract at ANY time in order to avoid future immigration issues. The employer is breaking the contract if he doesn't follow the law, so you would be free to change jobs. How can i change my jobs now ? Can I apply for H!B transfer with out correcting the old one ? I am guessing employer wants to restrict me in chaging jobs by just not filing H1b amendment. Can I apply for H1 transfer now ? Link to comment
rahul412 Posted January 19, 2014 Report Share Posted January 19, 2014 How can i change my jobs now ? Can I apply for H!B transfer with out correcting the old one ? I am guessing employer wants to restrict me in chaging jobs by just not filing H1b amendment. Can I apply for H1 transfer now ? You can change your employer at ANY time. Just do it without letting your current employer. Link to comment
Inder Gandhi Posted February 8, 2014 Report Share Posted February 8, 2014 I think spist is seeking will it create any problem if he transfer his h1 to new employer if his current employer has not filed the amendment for his current project, he is on? Can USCIS deny his H1 transfer based on his employer has not filed the amendment and if transfer is denied what will be the consequences? Link to comment
JoeF Posted February 8, 2014 Report Share Posted February 8, 2014 I have signed a contract with my employer. As per the contract , I have to pay penality if I leave the company with in one year.Also, there is 3 months notice period to serve :( Trying to reach company's Attorney . Waiting for his comment. Am I authorized to contact company lawyer with out employer knowing about it ? If the employer does not file an H1 amendment, the employer is breaking the contract. Find another employer, one who understands the law. Link to comment
sapist Posted August 11, 2014 Author Report Share Posted August 11, 2014 If the employer does not file an H1 amendment, the employer is breaking the contract. Find another employer, one who understands the law. Are u sure? Can i break the contract?? Link to comment
rahul412 Posted August 11, 2014 Report Share Posted August 11, 2014 Contract is nothing in front of the LAW. Yes ,you can break that contract ANYTIME if your employer is not following the law. Link to comment
10451 Mill Run Circle, Suite 100
Recommended Posts
Archived
This topic is now archived and is closed to further replies.