H1B transfer


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Hello All, 
I need expert guidance, thanks everyone in advance for answering my question.

I'm working in the US since past 6 months on H1B and my employer is literally sucking my blood by making me work for several clients at the same time, I work overtime, sometimes in the middle of the night and not paid for it at all. On top of this he treats everyone like animals pressurizing us all the time for stupid tasks, I'm totally frustrated and can't take it anymore as it is now affecting my health and personal life. I would never take this job if knew all of this in advance. I'm now thinking of going back to India and work there but at the same time I feel all my hard work and efforts that I put into this job/interview/visa etc. will be wasted and it will be a big setback for me professionally so I'm considering offers in the US also. When I informed my employer about leaving the job he first started manipulating me and then threatened me indirectly about legal consequences etc. now I have these questions-

1. Can my employer in anyway cancel or create any issues with my visa status?
2. Can he force me to reimburse for money that he spent on visa application, training (which was never provided, in fact I trained so many others) etc?
3. How unpleasant this situation can get? 

Reason why I’m asking these questions is because If this isn't worth it then i would rather save my efforts and go back to India instead of taking more stress. 
Please advise on this.

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Hello All, 

I need expert guidance, thanks everyone in advance for answering my question.

I'm working in the US since past 6 months on H1B and my employer is literally sucking my blood by making me work for several clients at the same time, I work overtime, sometimes in the middle of the night and not paid for it at all. On top of this he treats everyone like animals pressurizing us all the time for stupid tasks, I'm totally frustrated and can't take it anymore as it is now affecting my health and personal life. I would never take this job if knew all of this in advance. I'm now thinking of going back to India and work there but at the same time I feel all my hard work and efforts that I put into this job/interview/visa etc. will be wasted and it will be a big setback for me professionally so I'm considering offers in the US also. When I informed my employer about leaving the job he first started manipulating me and then threatened me indirectly about legal consequences etc. now I have these questions-

1. Can my employer in anyway cancel or create any issues with my visa status?

2. Can he force me to reimburse for money that he spent on visa application, training (which was never provided, in fact I trained so many others) etc?

3. How unpleasant this situation can get? 

Reason why I’m asking these questions is because If this isn't worth it then i would rather save my efforts and go back to India instead of taking more stress. 

Please advise on this.

1. Check your offer letter and contract. Check whether you are liable for any damages. If nothing is mentioned then serve the notice period and quit employer. By law an employer has to revoke your H1B once you stop working. However it will not affect future employer from filing a cap exempt H1B petitions for you.

2. Refer 1. H1B visa fee has to be borne by employer and it cannot be claimed from employee.

 

A new employer can file a cap exempt H1B petition anytime and on approval you can come back and work in US.

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If I remember, H1b does not have a grace period. Not sure if anything changed recently. So if someone is fired today, I am not sure if they can be staying in the USA with legal status. 

 

If you don't have any H1/job offer, not sure if this is a good idea.

 

Also, checking ino WH-4. You can ask for help from the Department of Labor.

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hi

In US I resigned from a company A and joined company B. Company B transferred my H1B to which they got an RFE. I joined company B two months back. There is only one week left for company B to respond to RFE. I dont know whether they will do it. What re my options? My Visa for company A is already revoked.

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hi
In US I resigned from a company A and joined company B. Company B transferred my H1B to which they got an RFE. I joined company B two months back. There is only one week left for company B to respond to RFE. I dont know whether they will do it. What re my options? My Visa for company A is already revoked.

 

It was naive from your part to join employer B just with receipt notice. If RFE is not answered and denied you need to exit US. Find a new employer while staying outside US and let them file a cap exempt petition. Only after approval enter US with a valid H1B visa and I797.

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hi
In US I resigned from a company A and joined company B. Company B transferred my H1B to which they got an RFE. I joined company B two months back. There is only one week left for company B to respond to RFE. I dont know whether they will do it. What re my options? My Visa for company A is already revoked.

 

If B can't reply to the RFE then your H1 will be rejected.

It's been said man times DO NOT JOIN NEW EMPLOYER BEFORE H1 APPROVAL.

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  • 3 weeks later...

I joined company B on Receipt #, i have valid H1B and I94 till Sep 14. My H1B transfer petition got denied on Mar 21st after RFE for Client letters. Company B is in process of filing new H1B petition.

Am I legal to stay in US ,Should I Exit immediately? any grace period

You should leave immediately as there is no grace period. Your current stay is illegal.

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I joined company B on Receipt #, i have valid H1B and I94 till Sep 14. My H1B transfer petition got denied on Mar 21st after RFE for Client letters. Company B is in process of filing new H1B petition.

Am I legal to stay in US ,Should I Exit immediately? any grace period

Currently you are out of status since your H1 is no longer valid. File COS to B2 or leave US.

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Currently you are out of status since your H1 is no longer valid. File COS to B2 or leave US.

 

My Lawyer has filed the premium New H1B Petition Today and shared my Fedex tracking#. Hopefully i would be get Receipt number by monday. 

1) Can i continue staying in US? 

2) Do i need to make any other precautionary steps/actions ?

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My Lawyer has filed the premium New H1B Petition Today and shared my Fedex tracking#. Hopefully i would be get Receipt number by monday. 

1) Can i continue staying in US? 

2) Do i need to make any other precautionary steps/actions ?

If approved it will be approved as consular processing.

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  • 3 months later...

Hi friends,

My H1B transfer petition is denied on 10th July 2014 because of discrepancy in showing the work location of beneficiary. My Old employer has revoked my H1B on 24th April. I am leaving the country soon and current employer is filing the h1B again. Upon approval I will be re-entering the USA. I have visa and i-94 till Oct 2014. Do i need to see visa consulate for interview before entering into usa or i can use my existing visa before october and use new i797?

 

Thanks,

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Hi friends,

My H1B transfer petition is denied on 10th July 2014 because of discrepancy in showing the work location of beneficiary. My Old employer has revoked my H1B on 24th April. I am leaving the country soon and current employer is filing the h1B again. Upon approval I will be re-entering the USA. I have visa and i-94 till Oct 2014. Do i need to see visa consulate for interview before entering into usa or i can use my existing visa before october and use new i797?

 

Thanks,

You can use your existing valid H1B visa and new I797.

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Hi friends,

My H1B transfer petition is denied on 10th July 2014 because of discrepancy in showing the work location of beneficiary. My Old employer has revoked my H1B on 24th April. I am leaving the country soon and current employer is filing the h1B again. Upon approval I will be re-entering the USA. I have visa and i-94 till Oct 2014. Do i need to see visa consulate for interview before entering into usa or i can use my existing visa before october and use new i797?

 

Thanks,

No need if you enter before your visa expires.

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  • 2 months later...

Guys, I am here with some good news. 

 

My H1B got approved also got the status back with extended i-94. Attorney applied for H1B as Nunc Pro Tunc asking for change of employer(H1B Transfer) and also consider my application in status from the day of denial of earlier petition as the situation was not in beneficiary's control. 

 

I do not have to leave the country and I can start working right away. 

 

Please let me know if any further details required. 

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Guys, I am here with some good news. 

 

My H1B got approved also got the status back with extended i-94. Attorney applied for H1B as Nunc Pro Tunc asking for change of employer(H1B Transfer) and also consider my application in status from the day of denial of earlier petition as the situation was not in beneficiary's control. 

 

I do not have to leave the country and I can start working right away. 

 

Please let me know if any further details required. 

Good to know things went well for you. Thanks for the update.

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