Company forgot to transfer H1B. Now what?

[LalitP]

I completed my first term of H1B with A. A then applied for my renewal and got the approval for second term before Oct 2012.

H1B first term - oct 2009 till oct 2012

H1B second term - oct 2012 till oct 2015

In mid june 2013 I switched to company B. While joining, B told they have filed my H1B transfer and all is set. Today when I requested my I 797 for travel purpose, B told me they unknowingly did not file my transfer. Some one dropped the ball in between.

Tomorrow I am having a meeting with the law firm who dropped the ball.

What are my legal implications?

Note:

I have booked india tickets for travel in nov end.

I have valid pay stubs from A and B for all the months.

[jairichi]

I completed my first term of H1B with A. A then applied for my renewal and got the approval for second term before Oct 2012.

H1B first term - oct 2009 till oct 2012

H1B second term - oct 2012 till oct 2015

In mid june 2013 I switched to company B. While joining, B told they have filed my H1B transfer and all is set. Today when I requested my I 797 for travel purpose, B told me they unknowingly did not file my transfer. Some one dropped the ball in between.

Tomorrow I am having a meeting with the law firm who dropped the ball.

What are my legal implications?

Note:

I have booked india tickets for travel in nov end.

I have valid pay stubs from A and B for all the months.

Your employment with B is unauthorized employment. If your I94 has expired then it would be unlawful presence in US. Scary situation. Do not take any decision without talking to employer B's attorney and an independent attorney from murthy law firm. I would say be ready to file a complaint against employer B.

[JoeF]

You worked without authorization. You need to stop working immediately.

There may of course be long-term issues, due to the unauthorized work.

[rahul412]

I have booked india tickets for travel in nov end.

I have valid pay stubs from A and B for all the months.

You cannot enter into US since you doesn't have valid 797.

Contact an attorney now. You are currently out of status.

[LalitP]

Okay.

Company B is rushing my H1B application now. But what are my chances that it will be approved?

If it is approved what are my chances at the VISA interview? They are surely gonna ask me about my out of status at the interview. What do I tell them?

 

Also, do I need to leave the country asap?

[rohang]

You are in lot of trouble.

 

Along with calling ur companies lawyer, call Murthy to get 2nd opinion. 

 

Don't wait, don't take it lightly.

[permaudit]

Okay.

Company B is rushing my H1B application now. But what are my chances that it will be approved?

If it is approved what are my chances at the VISA interview? They are surely gonna ask me about my out of status at the interview. What do I tell them?

 

Also, do I need to leave the country asap?

You mentioned you had all paystubs from A and B. So Did company A run payroll after you joined B for you in June 2013?

[rahul412]

Okay.

Company B is rushing my H1B application now. But what are my chances that it will be approved?

If it is approved what are my chances at the VISA interview? They are surely gonna ask me about my out of status at the interview. What do I tell them?

 

Also, do I need to leave the country asap?

Just tell the truth, that was not your mistake.

[LalitP]

You mentioned you had all paystubs from A and B. So Did company A run payroll after you joined B for you in June 2013?

Yes, A did run payroll for first two weeks of June 2013.

[JoeF]

Okay.

Company B is rushing my H1B application now. But what are my chances that it will be approved?

If it is approved what are my chances at the VISA interview? They are surely gonna ask me about my out of status at the interview. What do I tell them?

 

Also, do I need to leave the country asap?

You still have to stop working immediately.

And you are likely to get questions about this at the visa interview.

Discuss this with a good immigration lawyer.