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Immigration Experts - Please help !


Amrita

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Conversation with Attorney ( Murthy Panel)

Attorney : Hello, How are you?
Me: I am great. Thanks for asking. How are you doing?
Attorney : I am good. 
Attorney : I read your case its a simple scenario but i am confused about how your employer does know you quit. How is that possible?

Me : My employer has to pay me 30+K so i told him i going out of country for a vacation.
Attorney : How come he has to pay you that much ? Isn't he paying your salary ? Does he pay LCA salary which he has to pay ?
Me: Yes he always paid me LCA salary. The dues are bonus which he has to pay me from few years.
Attorney :Ok thats fine then.
Me: I am now with Employer B as Full-time employee and i got paid from Decemeber 9th since i started here. I got my W2 here as well. Can i now go back to employer A?
Attorney : Is your h1b transfer approved with employer B ?
Me: Yes i joined only after my approval.
Attorney : You legally joined at employer B and the payroll has ran as you are working there. I see no issue if you want to go back to employer A if he didn't report that you left.
Me: What do you really mean by this ? Does it mean withdrawing my h1b application?
Attorney : Yes !!
Me: I am sure my employer didn't withdraw my application. But i read online that my h1b with employer A will be invalidated once i started with employer B and payroll has been run there. 
Attorney : Haha !!! You were legally at employer A and legally at employer B . Payroll till 9th was run  legally at employer A and payroll at B was run legally too as it was supposed to run.Since employer A h1b is still valid its your choice to go back. Your employer A has no way to know you went back to B and came back to A unless you tell him.
Me: What happens to my legal status since i left company A and was with company B once i am back with A. I mean during the time i left A?
Attorney : You were legally at both places . Your maintained status on H1b all the time. Though your status is tied with employer its not h1b with A or B. Its like new petition thats all.You are on h1b status all the time so you should be good.

Me: So my employer B will withdraw the application once i resign and i will fall back on A correct?
Attorney : You don't have to worry about they withdrawing the application. If they don't and there is a site visit B would tell you resigned long back and they would revoke that application that doesn't effect your status with employer A. 
Me: Does my employer A need to know about employer B legally ?
Attorney : Legally no.
Me: Is it legal on my part to just be silent? Can he do anything legally if he comes to know about it ?
Attorney : Legally no but ethically it might not be correct. This is very common you don't have to worry about it.
Me: Does my employer B do anything legally if i quit in less than 2 months ?
Attorney : This has nothing to do immigration wise. Some employers might ask you to pay liquidated charges. Did you sign any contract?
Me: Nope, all i signed is offer letter as far as i remember. I have the pdf copy i will re-verify it.
Me: Employer B cannot send a legal notice right?
Attorney : It's your wish to work for employer A or B they cannot bind you to an employment. You can certainly go back to A.
Me: Thank you so much for answering all my questions i was very happy in my previous client place than full-time position at B .
Attorney : Aren't you full-time at A ? 
Me: No, i meant i was a consultant though employee of A. My services are deployed at client location by company A. I work in EVC model.
Attorney : Okay then you are good. 
Attorney : Before we end the call, i have a suggestion. With your new transfer petition you have got a new i94. When you move back to A and apply for amendments or extensions there is 
a chance that you might be asked for paystubs. Btw when does i94 with employer A expire?

Me: July 2021
Attorney : Okay.If by any chance you change client or apply extension next time you might be asked some documents since you have a new i94. Say they asked since oct 2019. You have no choice but
to provide paystubs of employer A and also 2 months paystubs of employer B . This would put you in a situation where your employer A knows about what u did. Also, to avoid complications on next 
application. Go out of country ( Not canada - sometimes they dont give new i94) may be india or someother country and enter USA with new i94 and give them employer A i797 if asked and tell he is your employer. With your new i94 all this mess is cleared out. Even if you apply for extensions in future and they ask you documents  it would from the day of that i94. This will be clean for you as well.

Me: Sure, i will go out of country and re-enter.
Me : I will not have any issues to re-enter if i go out of country right?
Attorney : You are maintaining status just switching back to employer A. This is a common scenario. Don't be concerned . It's all good.
Me: Thanks a ton for answering my questions patiently. I really appreciate your time.
Attorney :Good luck !
Me: Thanks !


 

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1 minute ago, Amrita said:

Conversation with Attorney ( Murthy Panel)

Attorney : Hello, How are you?
Me: I am great. Thanks for asking. How are you doing?
Attorney : I am good. 
Attorney : I read your case its a simple scenario but i am confused about how your employer does know you quit. How is that possible?

Me : My employer has to pay me 30+K so i told him i going out of country for a vacation.
Attorney : How come he has to pay you that much ? Isn't he paying your salary ? Does he pay LCA salary which he has to pay ?
Me: Yes he always paid me LCA salary. The dues are bonus which he has to pay me from few years.
Attorney :Ok thats fine then.
Me: I am now with Employer B as Full-time employee and i got paid from Decemeber 9th since i started here. I got my W2 here as well. Can i now go back to employer A?
Attorney : Is your h1b transfer approved with employer B ?
Me: Yes i joined only after my approval.
Attorney : You legally joined at employer B and the payroll has ran as you are working there. I see no issue if you want to go back to employer A if he didn't report that you left.
Me: What do you really mean by this ? Does it mean withdrawing my h1b application?
Attorney : Yes !!
Me: I am sure my employer didn't withdraw my application. But i read online that my h1b with employer A will be invalidated once i started with employer B and payroll has been run there. 
Attorney : Haha !!! You were legally at employer A and legally at employer B . Payroll till 9th was run  legally at employer A and payroll at B was run legally too as it was supposed to run.Since employer A h1b is still valid its your choice to go back. Your employer A has no way to know you went back to B and came back to A unless you tell him.
Me: What happens to my legal status since i left company A and was with company B once i am back with A. I mean during the time i left A?
Attorney : You were legally at both places . Your maintained status on H1b all the time. Though your status is tied with employer its not h1b with A or B. Its like new petition thats all.You are on h1b status all the time so you should be good.

Me: So my employer B will withdraw the application once i resign and i will fall back on A correct?
Attorney : You don't have to worry about they withdrawing the application. If they don't and there is a site visit B would tell you resigned long back and they would revoke that application that doesn't effect your status with employer A. 
Me: Does my employer A need to know about employer B legally ?
Attorney : Legally no.
Me: Is it legal on my part to just be silent? Can he do anything legally if he comes to know about it ?
Attorney : Legally no but ethically it might not be correct. This is very common you don't have to worry about it.
Me: Does my employer B do anything legally if i quit in less than 2 months ?
Attorney : This has nothing to do immigration wise. Some employers might ask you to pay liquidated charges. Did you sign any contract?
Me: Nope, all i signed is offer letter as far as i remember. I have the pdf copy i will re-verify it.
Me: Employer B cannot send a legal notice right?
Attorney : It's your wish to work for employer A or B they cannot bind you to an employment. You can certainly go back to A.
Me: Thank you so much for answering all my questions i was very happy in my previous client place than full-time position at B .
Attorney : Aren't you full-time at A ? 
Me: No, i meant i was a consultant though employee of A. My services are deployed at client location by company A. I work in EVC model.
Attorney : Okay then you are good. 
Attorney : Before we end the call, i have a suggestion. With your new transfer petition you have got a new i94. When you move back to A and apply for amendments or extensions there is 
a chance that you might be asked for paystubs. Btw when does i94 with employer A expire?

Me: July 2021
Attorney : Okay.If by any chance you change client or apply extension next time you might be asked some documents since you have a new i94. Say they asked since oct 2019. You have no choice but
to provide paystubs of employer A and also 2 months paystubs of employer B . This would put you in a situation where your employer A knows about what u did. Also, to avoid complications on next 
application. Go out of country ( Not canada - sometimes they dont give new i94) may be india or someother country and enter USA with new i94 and give them employer A i797 if asked and tell he is your employer. With your new i94 all this mess is cleared out. Even if you apply for extensions in future and they ask you documents  it would from the day of that i94. This will be clean for you as well.

Me: Sure, i will go out of country and re-enter.
Me : I will not have any issues to re-enter if i go out of country right?
Attorney : You are maintaining status just switching back to employer A. This is a common scenario. Don't be concerned . It's all good.
Me: Thanks a ton for answering my questions patiently. I really appreciate your time.
Attorney :Good luck !
Me: Thanks !


 

akka entha charge chesaru murthy vallu

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3 minutes ago, Amrita said:

Conversation with Attorney ( Murthy Panel)

Attorney : Hello, How are you?
Me: I am great. Thanks for asking. How are you doing?
Attorney : I am good. 
Attorney : I read your case its a simple scenario but i am confused about how your employer does know you quit. How is that possible?

Me : My employer has to pay me 30+K so i told him i going out of country for a vacation.
Attorney : How come he has to pay you that much ? Isn't he paying your salary ? Does he pay LCA salary which he has to pay ?
Me: Yes he always paid me LCA salary. The dues are bonus which he has to pay me from few years.
Attorney :Ok thats fine then.
Me: I am now with Employer B as Full-time employee and i got paid from Decemeber 9th since i started here. I got my W2 here as well. Can i now go back to employer A?
Attorney : Is your h1b transfer approved with employer B ?
Me: Yes i joined only after my approval.
Attorney : You legally joined at employer B and the payroll has ran as you are working there. I see no issue if you want to go back to employer A if he didn't report that you left.
Me: What do you really mean by this ? Does it mean withdrawing my h1b application?
Attorney : Yes !!
Me: I am sure my employer didn't withdraw my application. But i read online that my h1b with employer A will be invalidated once i started with employer B and payroll has been run there. 
Attorney : Haha !!! You were legally at employer A and legally at employer B . Payroll till 9th was run  legally at employer A and payroll at B was run legally too as it was supposed to run.Since employer A h1b is still valid its your choice to go back. Your employer A has no way to know you went back to B and came back to A unless you tell him.
Me: What happens to my legal status since i left company A and was with company B once i am back with A. I mean during the time i left A?
Attorney : You were legally at both places . Your maintained status on H1b all the time. Though your status is tied with employer its not h1b with A or B. Its like new petition thats all.You are on h1b status all the time so you should be good.

Me: So my employer B will withdraw the application once i resign and i will fall back on A correct?
Attorney : You don't have to worry about they withdrawing the application. If they don't and there is a site visit B would tell you resigned long back and they would revoke that application that doesn't effect your status with employer A. 
Me: Does my employer A need to know about employer B legally ?
Attorney : Legally no.
Me: Is it legal on my part to just be silent? Can he do anything legally if he comes to know about it ?
Attorney : Legally no but ethically it might not be correct. This is very common you don't have to worry about it.
Me: Does my employer B do anything legally if i quit in less than 2 months ?
Attorney : This has nothing to do immigration wise. Some employers might ask you to pay liquidated charges. Did you sign any contract?
Me: Nope, all i signed is offer letter as far as i remember. I have the pdf copy i will re-verify it.
Me: Employer B cannot send a legal notice right?
Attorney : It's your wish to work for employer A or B they cannot bind you to an employment. You can certainly go back to A.
Me: Thank you so much for answering all my questions i was very happy in my previous client place than full-time position at B .
Attorney : Aren't you full-time at A ? 
Me: No, i meant i was a consultant though employee of A. My services are deployed at client location by company A. I work in EVC model.
Attorney : Okay then you are good. 
Attorney : Before we end the call, i have a suggestion. With your new transfer petition you have got a new i94. When you move back to A and apply for amendments or extensions there is 
a chance that you might be asked for paystubs. Btw when does i94 with employer A expire?

Me: July 2021
Attorney : Okay.If by any chance you change client or apply extension next time you might be asked some documents since you have a new i94. Say they asked since oct 2019. You have no choice but
to provide paystubs of employer A and also 2 months paystubs of employer B . This would put you in a situation where your employer A knows about what u did. Also, to avoid complications on next 
application. Go out of country ( Not canada - sometimes they dont give new i94) may be india or someother country and enter USA with new i94 and give them employer A i797 if asked and tell he is your employer. With your new i94 all this mess is cleared out. Even if you apply for extensions in future and they ask you documents  it would from the day of that i94. This will be clean for you as well.

Me: Sure, i will go out of country and re-enter.
Me : I will not have any issues to re-enter if i go out of country right?
Attorney : You are maintaining status just switching back to employer A. This is a common scenario. Don't be concerned . It's all good.
Me: Thanks a ton for answering my questions patiently. I really appreciate your time.
Attorney :Good luck !
Me: Thanks !


 

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9 minutes ago, Amrita said:

300$ ah pina post value. Thank me later for this info @3$%

Just lost 2500$ in trade where no one eaten that money, Dantho polisthey idhi chala better. 

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