Legal Question in Immigration Law in New York

I recently entered (October 5th) in the US with a H1B visa to work in a company �A�, which is my sponsor. Unfortunately they told me that there is no job for me so I can�t activate my visa. There is another company �B� that they want to hire me, but it is something not safe yet. If this option works, company �A� agrees to reach and agreement with company �B�, so the first one can put me in its payroll for around 2 or 3 paycheks, which I will need to make possible the transfer of H1B to the company �B�.
I know that I have 30/60 days to activate the visa, but in the case I can�t activate it and I have to come back to my country, is this visa cancelled? or could I reenter in US if, for example, my sponsor company has work in a few months? In fact, I have not activated the visa yet�
How many days I have after this 30/60 days period to come back to my country, so I don�t want to be considered an illegal inmigrant�.
Thanks

Asked on 10/18/09, 2:11 pm

Antoinette Wooten The Wooten Legal Consulting, PC

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I would need more information regarding your particular case before I could comment on it properly.

However, what I can say is that if company "A" does not have any work you should have been informed of this prior to your coming to the US.

There will be a problem if you try and obtain a transfer so soon. The Department of Labor will contact company "A" to find out why?

I am sure it was explained to you that if you are NOT working you must return home within a certain period of the time.

If you do not activate the visa and return home, you will be able to return if company "A " has work for you in a few months.

Patricia Martin-Gibbons

Sent from my Verizon Wireless Blackberry

Answered on 10/24/09, 9:17 am

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