Saturday, November 11, 2006

The H1B related post and other questions

Recently, lot of questions have been coming to me over the email about H1B. I hope to put them here and some comments, for anyone who may find it useful. I am noway an expert in laws. The best advice that I can give is to contact a lawyer.

Can H1B be cancelled by the Employer?


If H1B is cancelled, what options are left with Employee?

Employee falls out of status, Employee needs to return to India

If an H1B Employee has found another employer and wants to change the job, what should he do?

There is no cookie cutter process, but following should help:

  1. Check if your state is an "at-will" state. Most US States are. If so, employers can not bind employee in contracts.
  2. Get your H1B Tranfer Application filed by your new prospective employer. Do not inform your old employer till this point, if employer has an history/tendancy to cancel the visa.
  3. Resign from your current job, serve a reasonable notice period (most companies should be okay with 2 weeks).
  4. Once H1B Transfer application is filed, you should be able to start at new employer.

Does an Employee need to inform Previous Employer while filing H1B Transfer?


Employee's notice period is too long.

See a Lawyer. Notice period is not an H1B issue, but more of a Department of Labor and Department of Justice Issue.

Employee wants to continue at old employer even after filing an H1B Transfer.

Employee can do that. H1B Transfer does not mean you have to start working at new employer. Employee can continue to work at previous employer till that petition expires. But since the new employer has spent some money (filing fee, lawyer fee) and is hopefully recruiting you for a project, the new employer may not be ready to wait. Check with your new employer.

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