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H1b Transferred and didn't join the company.

Sunnyvale, CA |

Initially I had accepted Acquity Group offer to join them. Later once my H1-B was transferred , I called them and told that I will join on 24th December 2012. But they said , they cannot board me up till January7th. Since every one has gone for Vacation. During this time I got another opportunity and asked me to join 24 th December 2012. So I joined them.
Please help me out of this.

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Attorney answers 3

Posted

I've shared your question with Avvo's immigration law forum, where your question may be seen by more attorneys who practice in this area of the law.

twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

Posted

You will need to file a new h1b transfer and provide your pay stubs from youe original H1B sponsor to show you are still in valid H status.

Posted

Did the company you joined Dec 24 petition for you?

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

Asker

Posted

Yes. I have a approved petition with the new company.

Tripti Sharad Sharma

Tripti Sharad Sharma

Posted

Was it filed as an extension of status or consular processing case?

Tripti Sharad Sharma

Tripti Sharad Sharma

Posted

I should rephrase that - did the USCIS approve it as extension of status or to proceed with consular process?

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