"How much time do I have to search for a new job and initiate a H1B
transfer once I have resigned from my current job and my old employer
has intimated INS of my seperation."
Background:
I was employed with Company-A (Non-US) for the last 4 years. I came on
a H1B to US in July2004 on a company assignment and after completing
my US assignment I quit Company-A on Jan 28,2005 with the hope of
finding a better job here in US itself. I am yet to find a job and
still looking for it aggressively.
Without proper research I assumed that I would be losing my
status once I resign from Company-A so I got my Company-A H1B
transferred to another consulting company(Company-B). But I wanted to
try getting a fulltime job in a better company and for that reason I
have not yet signed any agreement with Company-B nor have I got into
their payroll nor have I submitted any W4 form with Company-B. I have
been on Company-A payroll till Jan28,2005 which is my official
seperation date.
Visa Details:
Company-A H1B VISA issued on: Jul 08, 2003
Company-A H1B VISA expiry: Dec 08,2005
End date on my I94: Dec 08,2005
Date of seperation from Company-A: Jan 28,2005
On Company-A Payrool till: Jan 28,2005.
W4 submitted with Company-A: Yes
Company-B H1B VISA issued on: Jan 14, 2005
Company-B H1B VISA expiry: Jan 14, 2008
On Company-B payroll: No. Have not even submitted any W4
Queries:
1. Heared that a law is being proposed to provide grace period of 60
days after seperation from current employer to search for a new job.
Has this law been passed?
2. If I find a new job soon, can I use my Company-A H1B petition to
get it transferred to my new employer? Please be aware that I have
already used my Company-A H1B petition for a transfer to Company-B and
this transfer petition has been approved.
3. How many days do I have to maintain my legal status(after
seperation from Company-A-Jan28) and search for a job and get my H1
transfer process initiated?
4. If in the event that my job search takes more time than what is
available, can I use my Company-B H1B for any transfer purpose? Please
be aware that I am not yet into the payroll of that company nor have I
submitted any W4 with Company-B.
5. Assuming that I eventually get a job and initiate my H1 transfer,
how soon can my wife make a trip to my home country(India) and come
back? Will she be stranded in India because my H1B transfer is pending
approval?
6. Will having multiple H1Bs in any way effect my prospects of getting
a GreenCard? I have not yet applied for a GreenCard.
7. Suggest a (free or lowcost) lawyer\attorney in and around
SanJose(CA) who can provide me some legal guidance and do my H1
transfer(will provide attorney fees for transfer process).
Would appreciate if the response is accompanied with sufficient
links\law-excerpts to support the response(s).
Will tip if the answer to Q#.1 is yes and an official link is provided OR
Will tip if the answer to Q#.1 is no and some suggestions are provided
on how to get my visa transferred to a new employer if I have to
extend my job search for another 2-3 weeks. |