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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11715
Experience:  Write FOR JAMES to get my help!
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I am an Indian citizen living in California on an H1B visa.

Customer Question

I am an Indian citizen living in California on an H1B visa. My employment with the company that sponsored my visa ended on Aug 31, 2015. However, I accepted an offer of employment from another company in the last week of August. They have been processing my visa transfer application all these days and are now stating that I can only begin work if I can leave the country and reenter with a new H1B stamp.
I have pasted what they have mentioned below:
"Given that you are no longer employed with your previous H-1B sponsoring employer, you are not considered to be maintaining H1B temporary work visa status at the present time. (Based on information provided recently to our outside counsel, it appears that you have not been employed with the prior H1B sponsoring employer since 8/31/2015 or earlier.) You were technically considered to no longer be maintaining H-1B visa status as of the day after the end of your prior employment. Therefore, we will not be able to sponsor you for an H-1B change of employer petition filing that would allow you to transfer your H-1B work authorization to us without departing the U.S. Instead, you will have to depart the US and reenter the US with a valid H1B visa stamp in your passport along with the new Form I-797 H1B Approval Notice that we will obtain from the USCIS once the H-1B petition that we file for you is approved. If you are not currently in possession of a valid H1B visa stamp in your passport, you will have to use the new Form I-797 H1B Approval Notice that we will eventually receive from the USCIS to apply for a new H1B visa stamp at a US consulate/embassy abroad pursuant to a scheduled visa appointment."
Can you please let me know what your opinion is?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

I am about to go on break, but I will be back. In the mean time, please answer the following:

Was the H1B transfer files before your previous status expired or your employment ended?

.

Customer: replied 1 year ago.
It has not been files yet. My previous employment ended on Aug 31. So if they file it now, do I have to leave the country and re-enter? Or can I continue to stay in the US and start my employment once USCIS approves the new petition?
Expert:  Expert James replied 1 year ago.

OK, thank you very much. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

ANSWER: Yes if they file it now, you can't do a change/extension/transfer of status because you are not currently in any lawful status from which to extend/transfer. Had it been filed before you lost your job, you could stay.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to help you and we can close this question.

Thank you!

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