H1 portability

Old Jan 25th 2001, 2:44 pm
  #1  
jetrotall
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Hi all,

I'm considering whether to start working for my new employer with the receipt for H1b
transfer in hand or stay with old company until the approval of the petition. If INS
denies the application for some reason, according to standard rule I have to stop working
and leave the country within 10 days. This is way too much trouble - family, kids in
school, rent, car... Have anybody heard how INS handles or will handle these situations?
May be some information leaks or lawyer opinions? I realize that there is not much
information available yet so any news bits would extremely helpful. Thanks... Bob
 
Old Jan 28th 2001, 11:24 am
  #2  
Ingo
Guest
 
Posts: n/a
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Unfortunately, the consensus is that this would indeed be a problem.

On Fri, 26 Jan 2001 03:44:55 GMT, [email protected] wrote:

>Hi all,
>
>I'm considering whether to start working for my new employer with the receipt for H1b
>transfer in hand or stay with old company until the approval of the petition. If INS
>denies the application for some reason, according to standard rule I have to stop working
>and leave the country within 10 days. This is way too much trouble - family, kids in
>school, rent, car... Have anybody heard how INS handles or will handle these situations?
>May be some information leaks or lawyer opinions? I realize that there is not much
>information available yet so any news bits would extremely helpful. Thanks... Bob
>
>

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).
 
Old Jan 30th 2001, 5:13 am
  #3  
jetrotall
Guest
 
Posts: n/a
Default

Sounds scary... I read the story in this group about how INS lost the fee payment and that
the company can not even appeal the rejected case in this situation. So, what are the ways
to stay legally in the US in case the application is denied? Can one switch to B1 status
within 10 days, then submit another H1b petition and start working again after getting new
receipt? How hard it is to switch to B1 (if it's an option at all)?

In article <3a74b80b.13933752@news>,
[email protected] wrote:
> Unfortunately, the consensus is that this would indeed be a problem.
>
> On Fri, 26 Jan 2001 03:44:55 GMT, [email protected] wrote:
>
> >Hi all,
> >
> >I'm considering whether to start working for my new employer with the receipt for H1b
> >transfer in hand or stay with old company until the approval of the petition. If INS
> >denies the application for some reason, according to standard rule I have to stop
> >working and leave the country within 10 days. This is way too much trouble - family,
> >kids in school, rent, car... Have anybody heard how INS handles or will handle these
> >situations? May be some information leaks or lawyer opinions? I realize that there is
> >not much information available yet so any news bits would extremely helpful.
> >Thanks... Bob
> >
 
Old Jan 30th 2001, 5:25 pm
  #4  
Ingo
Guest
 
Posts: n/a
Default

:
>>
>> >Hi all,
>> >
>> >I'm considering whether to start working for my new employer with the receipt for H1b
>> >transfer in hand or stay with old company until the approval of the petition. If INS
>> >denies the application for some reason, according to standard rule I have to stop
>> >working and leave the country within 10 days. This is way too much trouble - family,
>> >kids in school, rent, car... Have anybody heard how INS handles or will handle these
>> >situations? May be some information leaks or lawyer opinions? I realize that there is
>> >not much information available yet so any news bits would extremely helpful.
>> >Thanks... Bob
>> >
>> >
>
>

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).
 

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