Simran/Murali - Please help me

[Faddy]

Hi Simran/Murali,

I have transfered(got approval notice) my H1B from comp A to B and started working for comp B which is my client when i work for comp A.

According to contract i should not join at client place(comp B) and i shold give 15 days notice period to comp A.

Now i have joined comp B and didnt give 15 days notice period to my previous employer, now he is saying that he can create problems when i apply for a green card.

1. will USCIS contact my previous employer when i file green card?
2. I am travelling to ind in aug 08 and planning to get stamped in chennai
can you please let me know what are all those documents i need to get stamped.

Thanks
faddy

[contact 01]

will USCIS contact my previous employer when i file green card?
Did you sign any contract with company A that you will not join the employer's client as an employee.


Generally USCIS will check the H-1B document of alien; how long alien stayed in US and see whether it was a legal status. Employer names for whom the alien worked. That is it. But i dont think that they will call personally the ex employer for whom you dont work any more.

2. I am travelling to ind in aug 08 and planning to get stamped in chennaican you please let me know what are all those documents i need to get stamped.
1. H-1B approval notice [ original]
2. Copy of I-129 form plus LCA copy [all filing paper work has to be
obtained from attorney office]
3. Copy of current pay stubs
4. Employment verification letter from employer[job title and annual pay]
5. leave sanction letter from employer
6. bank statement
7. W2
8. tax return paper work

Note: This is not a legal advice. Please consult an attorney

[Faddy]

yes, i signed a contract with my previous employer 1 yr back that i will not join my client.

[contact 01]

In that case, employer has a right to sue you for liquidated damages as you have violated the terms of clause of Employee Non-Disclosure and Employment Agreement.

Most of employers will not sue because if they file for it then they have to produce all the paystubs and other legal details required by DOL, which the employers dont want to disclose it.


Note: This is not a legal advice. Please consult an attorney

[Faddy]

Hey my current H1B is valid upto sep 2009 and now i transfered my H1B and got approval and started working for new comp.

is it compulsory to to get stamped when i visit ind in aug 2008 or i can come back without the stamping.

will there be any problem at POE when i come back without stamping?

[contact 01]

As long as you have employment verification letter plus approval notice of current employer along with a valid H-1B visa in your passport, you can enter at your risk.

The reason for this issue is
some candidates will go for their H-1B stamping in order to be in safer side because previous employer will cancel the H-1B sponsorship once their employee join another company by filing H-1b transfer. USCIS will also automatically update their system regarding the alien status.

Usually employers will send a cancellation notice of H-1B to USCIS once alien resigns the job from them.

If the officer at the port of entry has this information updated, he might ask you why didn't you go H-1B stamping.

In order to avoid all these problems it is always safer to go for H-1B stamping.

Note: This is not a legal advice