D

My old employer shut its doors a month ago (but haven't informed INS since the
company assets are still in the process of being liquidated).

I now have an offer from another company.

1. Is it possible to do a H1B transfer or do I need to apply for a new visa? (My
last paycheck is a month old). Any pros and cons?
2. If I have to apply for new visa through premium processing, do I have to
return to my home country (India) or can I simply continue to work after the
new H1B approval?

Thank you in advance for your help.

Ingo Pakleppa

On Fri, 19 Apr 2002 04:45:56 GMT, "d" <[email protected]> wrote:

    >My old employer shut its doors a month ago (but haven't informed INS since the
    >company assets are still in the process of being liquidated).
    >
    >I now have an offer from another company.
    >
    >1. Is it possible to do a H1B transfer or do I need to apply for a new visa? (My
    > last paycheck is a month old). Any pros and cons?

You are out of status. If you already have a new employer lined up, it will probably
be possible to apply for a transfer and ask INS to excuse you falling out of status.
Have the new employer hire a competent attorney and ask him for guidance.

    >2. If I have to apply for new visa through premium processing, do I have to return
    > to my home country (India) or can I simply continue to work after the new H1B
    > approval?

It depends on whether INS excuses you falling out of status. In any case, since you
are out of status, you won't be able to use the transfer provision, and would have to
wait for approval of your H-1B before you can start working.

Ingo

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 visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: 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.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.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://www.mindspring.com/~docsteen/...o/visainfo.htm 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).

Johnmail

Go ahead and start the new job The application can follow

"d" <[email protected]> wrote in message
news:[email protected]...
    > My old employer shut its doors a month ago (but haven't informed INS since the
    > company assets are still in the process of being liquidated).
    >
    > I now have an offer from another company.
    >
    > 1. Is it possible to do a H1B transfer or do I need to apply for a new visa? (My
    > last paycheck is a month old). Any pros and cons?
    > 2. If I have to apply for new visa through premium processing, do I have
to
    > return to my home country (India) or can I simply continue to work after
the
    > new H1B approval?
    >
    > Thank you in advance for your help.