tasoeur Posted September 4, 2013 Report Share Posted September 4, 2013 Hi everyone, My employer managed to get my H1B approved for this October 2013. I currently am an intern at this company, and I haven't got a full-time job offer yet. My questions are the following: What becomes the status of my H1B? What if the company does not give me a job offer before October 2013? For how long is it valid? Thank you! Link to comment
jairichi Posted September 4, 2013 Report Share Posted September 4, 2013 Hi everyone, My employer managed to get my H1B approved for this October 2013. I currently am an intern at this company, and I haven't got a full-time job offer yet. My questions are the following: What becomes the status of my H1B? What if the company does not give me a job offer before October 2013? For how long is it valid? Thank you! You current employer has to give you a job by Oct 1st 2013 or you need to find another employer with a job before Oct 1st 2013 if your H1B petition was filed as COS. Link to comment
omshiv Posted September 4, 2013 Report Share Posted September 4, 2013 What do you mean by "managed to get H1B" did he employ any shady methods? Link to comment
JoeF Posted September 4, 2013 Report Share Posted September 4, 2013 On Oct. 1, you are a fulltime employee with the company, and you have to get paid for fulltime. If the company doesn't want that, they would have to lay you off and inform USCIS to revoke the H1. When the company filed an H1 for you, that essentially was a job offer. I suggest you talk with HR. Link to comment
jairichi Posted September 4, 2013 Report Share Posted September 4, 2013 On Oct. 1, you are a fulltime employee with the company, and you have to get paid for fulltime. If the company doesn't want that, they would have to lay you off and inform USCIS to revoke the H1. When the company filed an H1 for you, that essentially was a job offer. I suggest you talk with HR. And, if they lay you off they need to pay for return ticket to your home country. Link to comment
tasoeur Posted September 4, 2013 Author Report Share Posted September 4, 2013 Thanks for your replies! One detail I forgot to mention: My internship ends on September 6th (this week). Not sure we can consider that a layoff. What do you mean by "managed to get H1B" did he employ any shady methods? No it has been done the regular way (at least the way big companies do). They used a generic job offer, and did a personalized justification based on my curriculum and skills. I just presume that they have enough money to waste if they don't keep me in the end :/ You current employer has to give you a job by Oct 1st 2013 or you need to find another employer with a job before Oct 1st 2013 if your H1B petition was filed as COS. To me one needs to go with the employer that filled his H1B... therefore it has to be with them or my visa is invalid. Am I right? And, if they lay you off they need to pay for return ticket to your home country. The return ticket was already bought by the company since my internship ends this week (September 6th). Link to comment
jairichi Posted September 4, 2013 Report Share Posted September 4, 2013 To me one needs to go with the employer that filled his H1B... therefore it has to be with them or my visa is invalid. Am I right? Since your H1B petition is approved if you can find another employer willing to offer you a job and ready to file a cap exempt H1B petition and then upon approval you should be able to work for him/her. In that case as long as decision is pending from USCIS you can legally stay in US. Link to comment
jairichi Posted September 4, 2013 Report Share Posted September 4, 2013 The return ticket was already bought by the company since my internship ends this week (September 6th). Since you already got a ticket back home I would suggest you to find an employer and apply for H1B visa by consular processing and re-enter US Link to comment
tasoeur Posted September 4, 2013 Author Report Share Posted September 4, 2013 The lawyers told me they would send the "approval notice", does that invalidate any of what you guys told me? Since your H1B petition is approved if you can find another employer willing to offer you a job and ready to file a cap exempt H1B petition and then upon approval you should be able to work for him/her. In that case as long as decision is pending from USCIS you can legally stay in US. I'm a little bit confused about how that works. So my employer filled the petition, I got selected in the lottery. If some other employer wants to hire me, it has to fill a cap exempt H1B petition... Does all of that has to be done before October 1st? Link to comment
jairichi Posted September 4, 2013 Report Share Posted September 4, 2013 The lawyers told me they would send the "approval notice", does that invalidate any of what you guys told me? I'm a little bit confused about how that works. So my employer filled the petition, I got selected in the lottery. If some other employer wants to hire me, it has to fill a cap exempt H1B petition... Does all of that has to be done before October 1st? It does not invalidate anything. As long as your cap subject H1B petition is approved any new employer can file a cap exempt H1B petition and upon receipt of new approval notice (I797) you can work for the new employer. This can be done any time (before or after Oct 1st 2013) Link to comment
tasoeur Posted September 5, 2013 Author Report Share Posted September 5, 2013 It does not invalidate anything. As long as your cap subject H1B petition is approved any new employer can file a cap exempt H1B petition and upon receipt of new approval notice (I797) you can work for the new employer. This can be done any time (before or after Oct 1st 2013) Well that sounds like good news then! The only problem though is that fees for such a process are probably not small (any estimation?), so it would have to be a company willing to spend a lot of money of that... Thanks everyone, that really helped. Link to comment
pontevecchio Posted September 5, 2013 Report Share Posted September 5, 2013 How much did you have to pay your previous employer? for the H1 filing. Link to comment
rambabu1234 Posted September 5, 2013 Report Share Posted September 5, 2013 How much did you have to pay your previous employer? for the H1 filing. Hi pontevecchio, Can you please throw some light on my issue : http://forum.murthy.com/index.php?/topic/62614-confirmation-letter-of-h1b-visa-cancellation/ I past you replied to some of my topics, so thought to ask you. Thx Ram Link to comment
jairichi Posted September 6, 2013 Report Share Posted September 6, 2013 Well that sounds like good news then! The only problem though is that fees for such a process are probably not small (any estimation?), so it would have to be a company willing to spend a lot of money of that... Thanks everyone, that really helped. Like your previous H1B petition, fees are paid by employer. You do not have to worry about that. Link to comment
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