nani1984 Posted August 16, 2013 Report Posted August 16, 2013 Hi,Iam working at employer A on H1, i completed my project and searching for job, I want to go with employer B and Meantime got job from employer B and they filled LCA and they got it today(friday) and filling H1 on Monday.Employer "A" doesn't know all these..........................Meantime i got another job from employer A ... starting from monday.......My question is...1... Can i tell my employer A that i got another job, if i do so.. will he cancel my H1 .... if so . how many days will it took to revoke my H1 status...2. Employer B is filling H1 on monday... premium processing..... If i dont go with employer A , can he do anything...Can anyone give any suggestions and let me know if any questions.
jairichi Posted August 16, 2013 Report Posted August 16, 2013 (1) If there is a notice period involved then you have to inform your employer A accordingly. By law once you leave employer A he has to inform USCIS. But, do not worry as it will not affect any other H1B petitions filed by prospective employers. (2) Your employer A can do nothing.
nani1984 Posted August 16, 2013 Author Report Posted August 16, 2013 Thanks for the reply jairichi more questions.... Can he cancel H1, if he knows that iam leaving him.... My Employer A ran 50 -100 extra hrs on my payroll... will i have to pay him back.....
jairichi Posted August 16, 2013 Report Posted August 16, 2013 Yes, he will cancel your H1 by informing USCIS after you resign from your current job. But, as I said earlier it will not have any impact on your future H1B petitions. Where this 50-100 extra hours in your payroll come from?
nani1984 Posted August 16, 2013 Author Report Posted August 16, 2013 Yes, he will cancel your H1 by informing USCIS after you resign from your current job. But, as I said earlier it will not have any impact on your future H1B petitions. Where this 50-100 extra hours in your payroll come from? When iam not on the project..... when iam on the bench ....20 days on project & 10 days on bench in amonth .....h eran payroll for whole month( 30 days).........
nani1984 Posted August 16, 2013 Author Report Posted August 16, 2013 another question, My employer B is filling H1 on monday premium processing and if it takes 1 week to approve in between if employer A cancel H1 within this week.... can i know ....if iam out of status or i have time to transfer H1, after cancellation of my H1 with employer A
nani1984 Posted August 22, 2013 Author Report Posted August 22, 2013 Hi, I didnt get answer , please any one can help me
jairichi Posted August 22, 2013 Report Posted August 22, 2013 When iam not on the project..... when iam on the bench ....20 days on project & 10 days on bench in amonth .....h eran payroll for whole month( 30 days)......... Irrespective whether you are on project or bench as per law he has to pay. So, there is no need to pay that amount back to your employer.
jairichi Posted August 22, 2013 Report Posted August 22, 2013 another question, My employer B is filling H1 on monday premium processing and if it takes 1 week to approve in between if employer A cancel H1 within this week.... can i know ....if iam out of status or i have time to transfer H1, after cancellation of my H1 with employer A As long as a new employer had filed a petition for you and you have obtained receipt notice you are considered in status till a final decision on your H1B petition is made by USCIS, irrespective of your H1B revoked by your previous employer.
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