Jump to content
azs

Change of Employer while H1B being filed

57 posts in this topic

Recommended Posts

hi all,

 

need some guidance here. 

 

- Currently on TN Visa.

- current employer is filing for H1B application ( April deadline)

- I have recently changed employers and got TN renwed.

- Should current H1B be filing be stopped? or no harm in going forward.?

- if the name is selected in the  lottery, can anything be done for filing the petition with new employer?

 

Thanks.

Share this post


Link to post
Share on other sites

Your new employer needs to file for you. Let the Lawyers deal with it, what they are paid to do.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Your current Employer should file, your ex Employer presumably has cancelled the process.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
1 minute ago, Boiler said:

Your current Employer should file, your ex Employer presumably has cancelled the process.

not yet. I am yet to resign with 2 weeks of notice as my new joining is still 4 weeks out.

 

 

Share this post


Link to post
Share on other sites
17 minutes ago, azs said:

hi all,

 

need some guidance here. 

 

- Currently on TN Visa.

- current employer is filing for H1B application ( April deadline)

- I have recently changed employers and got TN renwed.

- Should current H1B be filing be stopped? or no harm in going forward.?

- if the name is selected in the  lottery, can anything be done for filing the petition with new employer?

 

Thanks.

So what does that mean?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

before resigning i just got my TN for new employer yesterday, I am going to resign from existing job on April 1st.

 

now any benefit of going for H1B lottery application with existing employer? or should I inform them to stop it  as filing deadline in on April 1st?

 

 

Share this post


Link to post
Share on other sites

I suppose if you will go and work for them if you get chosen could make sense.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

Mods, move to work forum


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Share this post


Link to post
Share on other sites

Thread is moved to Work Visas forum.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites

I do not intend to return to the employer therefore there is no use of application even if it is selected in lottery? this is fine. 

 

is there any harm if I just resign after employer already applied for h1b lottery step? point is should I tell them about not to file for h1b before i resign?

Share this post


Link to post
Share on other sites

Doesn't it cost the employer $$ to file the h1b? 


I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Share this post


Link to post
Share on other sites
1 minute ago, WeGuyGal said:

Doesn't it cost the employer $$ to file the h1b? 

Not free


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Posted (edited)
1 hour ago, azs said:

I do not intend to return to the employer therefore there is no use of application even if it is selected in lottery? this is fine. 

 

is there any harm if I just resign after employer already applied for h1b lottery step? point is should I tell them about not to file for h1b before i resign?

If you have decided to resign from your current job it would be courteous to tell them now, heck, that's less than a week from now.  Don't most employers like at least a two-week notice?  You're only going to give them a few days?  Tell them now so they can cancel the H1B application since it is very expensive and won't help you at all after you leave that company.  An H1B application is connected to a specific company, a specific job, so when you leave that application is pointless and will waste money for them.  It may already be too late since they may have already paid the fees.  Why didn't you tell them as soon as you accepted the other job with a TN?  The may take the fees out of your last pay check so be ready for that.

Edited by carmel34
*

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×