H1B Status Dilemma, any legal professional please help.?

Question

My friend has an unique problem. She use to work for XYZ company on H1B. Later she moved to ABC company. But her H1b transfer from XYZ to ABC was denied for some reason . She is not sure whether XYZ company has with drawn her visa from INS or not. Is there a way to check it online, which can prove her legal presence? She checked in USCIS website, it doesnt say anything about with drawl of H1B from previous company, XYZ. If XYZ company withdraws her H1B, will it be reflected in USCIS? Please help 10 points to best answer.

Can she contact INS to know her present status, or do you suggest any other safe approach. The problem is her employer is not sure about the withdrwl of per H1B. And he is willing to take her back, if there is way to prove her legal presence.

Answer 1

The company is supposed to inform the US CIS. Whether they do it or not, is not public information.

If the petition is denied and she quit working for earlier company, it is best for her to leave the US right away.

If she continues to stay, she will accrue unlawful presence which will stop her for getting another type of visa or green card later.

Madan Ahluwalia
Attorney
www.ahluwalia-law.com

Answer 2

On October 17th, 2000, President Clinton signed into law AC 21 (the American Competitiveness in the 21st Century Act of 2000 - S.2045). The new immigration law allows for portability of H-1B workers.

AC21states that if the H-1B petition is denied, employment with the new employer must cease immediately.

The period of employment from the date of filing until the receipt of the denial notice should therefore be authorized.

However, the language of this provision clearly does not sanction employment during the pendency of an appeal of the H-1B denial.

The interruption of continual employment places the alien employee's underlying status in immediate jeopardy.

There is an incentive in the law for an H-1B employer to withdraw the old H-1B petition when the alien worker leaves its service.

If the previous employer has not withdrawn the old H-1B petition, the employee can presumably return to the old employer. If the new H-1B petition is ultimately denied and the old petition has been withdrawn, it is impossible for the individual to return to the old employer, simultaneously, the alien employee in most cases begins to accrue unlawful presence.

It appears that your friend is unlawfully present. The CIS does not publicly broadcast when companies have withdrawn their petitions, nor are immigration files open to the public. You won't find it online.

Answer 3

H1 VISAs are issued for someone to work for a SPECIFIC company for a SPECIFIC position. It was a mistake to believe it is transferable. If the transfer was denied (as expected), her status is now void.

This is not something you should consult the mass public. She needs an immigration attorney.

Answer 4

you have a huge subject. Your unique H1B visa became for organisation A, because of the fact the I-797, organisation A became named on that for artwork authorization. once you began working for organisation B they should of filed for a *new* I-797, and them named on the workplace work. except they're the brother/discern organisation of organisation A, wherein they did no longer ought to try this. Assuming they did record a I-797 and now you have been fired nicely, they have been sponsoring you, they are no longer sponsoring you any extra so specific they have the appropriate to cancel that and tell the government of your subject. you have ninety days to discover yet another US organisation to employ you and record a clean I-797 for you, or you're out of prestige. and you need to depart the u . s . a ., in case you flow out of prestige and stay you isn't granted yet another H visa. If organisation B did no longer record, once you began working for them then you definitely've helpful been breaking the regulation because of the fact that leaving organisation A. I quite have been fired presently mutually as on H-1B prestige. am i able to proceed to be legally interior the U.S. by utilising changing prestige to a various nonimmigrant visa class? specific, you could observe for exchange of prestige to a various nonimmigrant visa class for which you qualify. USCIS officers have been allowed to workout their discretion to furnish you yet another nonimmigrant prestige, in case you observe for exchange of prestige interior 10 days *you could discover the 2nd link functional

Answer 5

if i remember correctly you can't just transfer a work visa like that.
http://www.immigration.com/today_files/bcison.html
check status here.
http://www.worldlawdirect.com/forum/showthread.php?p=23016#post23016
immigration
you can also ask here for free.but also consult with a laywer as she may now be a out of status visa holder.