**** urgent info needed today- H1 B not filed and Resigntation submitted***

[andhraguycapricon]

Hi,

Please provide me your thoughts on how to proceed. This is the situation

1. Last date with Company A - 08/10/2012 (I-94 valid till 12/01/2012 ). Last date to revoke resignation 08/08/2012.

2. Got offer from a client to start from 08/13/2012.

2. A very small Indian company Bis working on my H1 transfer and I have accepted offer letter, but he has not filed H1 transfer yet. Says he will file on 08/07/2012. Says FedEx acknowledgement is enough to start my work and no need to wait for receipt

3. Client is not direct client of B. has a vendor layer C in between. So it is employer (B) -> C(Vendor) -> client.

4. Vendor C runs an e-verify on me on 08/03/2012 which fails (perhaps because any of my personal info not updated). I was asked by vendor C to check with DHS (Department of Homeland Security) and get it corrected by 08/06/2012.

5. To verify the issue over phone, DHS asks for work permit number of Vendor C since the Vendor C has run the e-verification as as employer and all the documents (to the client) has Vendor C listed as 'employer'. DHS says this is not legal since my petition is still that of 'A' but e-verify was requested by Vendor C as employer ie they think I work for Vendor C while holding petition of A.

I am confused what needs to be done here. Here are my questions/plan of actions

a) tomorrow ie 08/06/2012, I am planning to ask the Vendor C if he can revoke the e-verify request and proceeed without doing the everify. Ideally he should have requested the new employer ie B to run the e-verify once the Visa of B gets approved. So after B's Visa gets approved, even if the everify raised by B fails, I still can get it corrected, since employer will be listed as B and I hold B's Visa. In any case Vendor C shouldn't run the e-verify if his intention is just to make sure I am legal or not!

b) If Vendor C agrees to the above proposal and B files my H1 transfer, is it still safe to work with an FedEx acknoledgement before getting the receipt? Do you see a chance of rejection here late because of e-verify issues? Will e-verify be stored in DHS database? B says after I join, I can get an end-client letter after 3 weeks , then upgrade to premium.

c) Even if the end-client decides to provide a letter, will it have employer B name or C name in it? Or does it not have employer name at all? Which letter should show the employer-employee relation (hier-fire relation? ) End-client letter or another letter from Vendor C to B ??

I am kind of getting scared with all of these and planning to check various options

1) Withdraw my resignation and continue with A (Will there be an issue here since I already signed B's offer letter (offfer letter states 'upon approval of H1B' ? )

2) Let B and C know that with all the above issues, I cannot proceed unless B does a premium processing and C coordinating to provide the letter from the end-client and my visa is approved and client allows to start from Septmeber 2012 instead of 08/13/2012. The catch here is either A should be ready to extend my releving date to say Aug 31st or I revoke my resignation and then submit resignation again once my visa is approved.

3) Or instead of waiting for approval, should I compromise waiting for receipt, provided the end client extends the start date and Vendor C agrees?

4) Or take risk and start working with FedEx ack?

I am scared these people B and C can torture or delay my pay until I get the Visa approval or Vendor C can simply run e-verify on me and then terminate me anytime?

Please help

Regards,

AG

[pontevecchio]

H1 does not need everify.