Legal Question in Immigration Law in California

H1B transfering process

Dear Sir, I get my H1B on 10/8/04. But due the company downsizing, i do not go to work when i received H1B. The employer is willing to hold my h1. Meanwhile pay for my medical insurance till DEC'04. I find a job recently on March 7. And i was wondering what is the success rate for me to get h1 (valid till 2007) transfer to the new employer who willing to sponser me? But the company is under 25 employees, not making profit at this moment, and only in the business for two and half yr.

If INS reject my apps, is there any alternative way for me to stay in US? What is the grace period to stay? What is the consequences if i do not leave?


Asked on 4/12/05, 7:19 pm

3 Answers from Attorneys
Jacob Sapochnick

Re: H1B transfering process

Hi,

This is a complicated matter as you were not payed by your original H1B employer. Recent cases of transfer of H1 require to show that you maintained status by getting paid.

I can not advice you in general terms, I will need to look at your paperwork and plan a course of action. Normally if the H1B is denied you will need to leave the country as soon as possible, no grace period.

Feel free to contcat me if you require a legal consultation 619 819 92 04.

Jacob Sapochnick, Esq.

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Answered on 4/12/05, 7:23 pm
Baoqin Wang Law Office of Baoqin Wang

Re: H1B transfering process

Have the new employer file for your H1B, and when the petition is approved, you need to go out of US to apply for the H1B visa and re-enter.

New business can file for H1, as long as they have enough work for you to do and they can pay you salary.

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Answered on 4/12/05, 7:34 pm
Linda Allen Law Offices of LInda M Allen

Re: H1B transfering process

If you did not begin work for your first employer (per your H-1B) you are out of status. If you overstay more than 180 days there are bars that will come into play at your re-entry to the US. I suggest the best course of action is to apply with your new employer for a new H-1B (not a transfer H-1B as you will not be able to demonstrate that you were in valid status, working for the first employer), leave the US and re-enter the US on your new visa. The new employer can sponsor you as long as they are able to demonstrate that they can pay you the prevailing wage for your position.

The answer to your inquiry is much more detailed than I can answer in this email as the H-1B cap and dates for your employment to begin also are factors.

Please feel free to contact me directly to discuss your case at 619.233.0900.

Sincerely,

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Answered on 4/12/05, 8:18 pm


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