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filed H1 extension and would like to quit Job

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filed H1 extension and would like to quit Job

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Old Feb 26th 2004, 3:27 pm
  #1  
Rameshreddy
Guest
 
Posts: n/a
Default filed H1 extension and would like to quit Job

Hi friends,
My visa expired on jan 21st and i had applied for the H1-B extension
through my current employer in November 2003. I have not received my
extension documents yet. Now I have my questions:

Can i quit the job and join a new employer? The catch here is i dont
have my extension documents yet and my passport says the visa is
expired.

Secondly in case i quit, can my employer apply for the H1 transfer ,
though my current employer has already applied for my H1b-extension.

Now that my employer has already applied for my extension , is there
anyway he can stop the H1-xtn documents reaching me. The thing is the
documents would reach my employer first in case it gets through. Now
that i am planning to quit can he refuse to return the documents. In
case he refuses, is it legal for my employer to hold my H1-X documents
with him.

Can a new employer transfer the H1 which is expired? Anyways i am
waiting for my extn documents which may or may not reach me. Would
this matter in case my current employer refuses to give the H1x
documents

Can you let me know what are the probable things i can do so that i
can shift to another employer
 
Old Feb 26th 2004, 8:45 pm
  #2  
Julien Chaupitre
Guest
 
Posts: n/a
Default Re: filed H1 extension and would like to quit Job

If I remember correctly, the H1B renewal documents gets to you directly ...
I submited my renewal in November 2002 and got the new I94 in April 2003 ...

I know you can have several H1B at the same time, as long you fulfill
obligations on all visas... You should find out if asking for a second H1B
would count toward the 65,000 cap or not (it may not, as you're already have
an H1B) .... If it doesn't count toward the cap, you could have your new
employer sponsor you for a new visa....

If that doesn't work, I would stay duck if I were you, I think your employer
could cancel you H1B by saying you quit your job, which means you would have
15 days (or is it 30 days, I never now, Joe?) to leave the country ... in
this timeframe, you wouldn't have the papers and time to transfer your H1B
to your new employer ...

Good luck, times for tough decisions...

"rameshreddy" <[email protected]> wrote in message
news:[email protected]...
    > Hi friends,
    > My visa expired on jan 21st and i had applied for the H1-B extension
    > through my current employer in November 2003. I have not received my
    > extension documents yet. Now I have my questions:
    > Can i quit the job and join a new employer? The catch here is i dont
    > have my extension documents yet and my passport says the visa is
    > expired.
    > Secondly in case i quit, can my employer apply for the H1 transfer ,
    > though my current employer has already applied for my H1b-extension.
    > Now that my employer has already applied for my extension , is there
    > anyway he can stop the H1-xtn documents reaching me. The thing is the
    > documents would reach my employer first in case it gets through. Now
    > that i am planning to quit can he refuse to return the documents. In
    > case he refuses, is it legal for my employer to hold my H1-X documents
    > with him.
    > Can a new employer transfer the H1 which is expired? Anyways i am
    > waiting for my extn documents which may or may not reach me. Would
    > this matter in case my current employer refuses to give the H1x
    > documents
    > Can you let me know what are the probable things i can do so that i
    > can shift to another employer
 
Old Feb 28th 2004, 7:46 pm
  #3  
Jozef
Guest
 
Posts: n/a
Default Re: filed H1 extension and would like to quit Job

"rameshreddy" <[email protected]> wrote in message
news:[email protected]...
    > Hi friends,
    > My visa expired on jan 21st and i had applied for the H1-B extension
    > through my current employer in November 2003. I have not received my
    > extension documents yet. Now I have my questions:
    > Can i quit the job and join a new employer? The catch here is i dont
    > have my extension documents yet and my passport says the visa is
    > expired.

What is the expiration date of your I-94 card? The passport visa stamp is
only needed when entering the US.

    > Secondly in case i quit, can my employer apply for the H1 transfer ,
    > though my current employer has already applied for my H1b-extension.
    > Now that my employer has already applied for my extension , is there
    > anyway he can stop the H1-xtn documents reaching me. The thing is the
    > documents would reach my employer first in case it gets through. Now
    > that i am planning to quit can he refuse to return the documents. In
    > case he refuses, is it legal for my employer to hold my H1-X documents
    > with him.
    > Can a new employer transfer the H1 which is expired? Anyways i am
    > waiting for my extn documents which may or may not reach me. Would
    > this matter in case my current employer refuses to give the H1x
    > documents
    > Can you let me know what are the probable things i can do so that i
    > can shift to another employer.

Have your new employer file for an H-1B transfer. Once it is filed you can
quit your job and join the new employer.
 
Old Mar 1st 2004, 10:30 am
  #4  
Amanda
Guest
 
Posts: n/a
Default Re: filed H1 extension and would like to quit Job

"Jozef" <jozef.*take this out*[email protected]> wrote in message news:<[email protected]>...
    > "rameshreddy" <[email protected]> wrote in message
    > news:[email protected]...
    > > Hi friends,
    > > My visa expired on jan 21st and i had applied for the H1-B extension
    > > through my current employer in November 2003. I have not received my
    > > extension documents yet. Now I have my questions:
    > >
    > > Can i quit the job and join a new employer? The catch here is i dont
    > > have my extension documents yet and my passport says the visa is
    > > expired.
    >
    > What is the expiration date of your I-94 card? The passport visa stamp is
    > only needed when entering the US.
    >
    > > Secondly in case i quit, can my employer apply for the H1 transfer ,
    > > though my current employer has already applied for my H1b-extension.
    > >
    > > Now that my employer has already applied for my extension , is there
    > > anyway he can stop the H1-xtn documents reaching me. The thing is the
    > > documents would reach my employer first in case it gets through. Now
    > > that i am planning to quit can he refuse to return the documents. In
    > > case he refuses, is it legal for my employer to hold my H1-X documents
    > > with him.
    > >
    > > Can a new employer transfer the H1 which is expired? Anyways i am
    > > waiting for my extn documents which may or may not reach me. Would
    > > this matter in case my current employer refuses to give the H1x
    > > documents
    > >
    > > Can you let me know what are the probable things i can do so that i
    > > can shift to another employer.
    >
    > Have your new employer file for an H-1B transfer.

I know that passport must be valid (not expired) to apply for H-1B.
But, if a person on I-130 pending were to get onto H-1B transfer,
would the requirement w.r.t the passport still strictly the same. I am
just curious.


    > Once it is filed you can
    > quit your job and join the new employer.
 
Old Mar 1st 2004, 10:30 am
  #5  
Amanda
Guest
 
Posts: n/a
Default Re: filed H1 extension and would like to quit Job

"Jozef" <jozef.*take this out*[email protected]> wrote in message news:<[email protected]>...
    > "rameshreddy" <[email protected]> wrote in message
    > news:[email protected]...
    > > Hi friends,
    > > My visa expired on jan 21st and i had applied for the H1-B extension
    > > through my current employer in November 2003. I have not received my
    > > extension documents yet. Now I have my questions:
    > >
    > > Can i quit the job and join a new employer? The catch here is i dont
    > > have my extension documents yet and my passport says the visa is
    > > expired.
    >
    > What is the expiration date of your I-94 card? The passport visa stamp is
    > only needed when entering the US.
    >
    > > Secondly in case i quit, can my employer apply for the H1 transfer ,
    > > though my current employer has already applied for my H1b-extension.
    > >
    > > Now that my employer has already applied for my extension , is there
    > > anyway he can stop the H1-xtn documents reaching me. The thing is the
    > > documents would reach my employer first in case it gets through. Now
    > > that i am planning to quit can he refuse to return the documents. In
    > > case he refuses, is it legal for my employer to hold my H1-X documents
    > > with him.
    > >
    > > Can a new employer transfer the H1 which is expired? Anyways i am
    > > waiting for my extn documents which may or may not reach me. Would
    > > this matter in case my current employer refuses to give the H1x
    > > documents
    > >
    > > Can you let me know what are the probable things i can do so that i
    > > can shift to another employer.
    >
    > Have your new employer file for an H-1B transfer.

I know that passport must be valid (not expired) to apply for H-1B.
But, if a person on I-130 pending were to get onto H-1B transfer,
would the requirement w.r.t the passport still strictly the same. I am
just curious.


    > Once it is filed you can
    > quit your job and join the new employer.
 

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