H1b Approval and Pivot, what are my chances?

Amazon burntout!
May 30 21 Comments

I got my H1b approved recently after spending 4.5 years on L1b. I-140 is approved. Now amazon wants to terminate me. Any chance of me befitting from the CAP approval if I go for transfer? Can I be upfront with Fragoman and request them not to revoke my H1b petition until October? Is it a good idea to tell the attorney that I might be leaving amazon soon,
looking for advice from people who faced a similar situation.
Any tips on negotiating with HR? - given I spent 8 years at amazon, seems too cruel to lay me off at such a critical juncture in my career..

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TOP 21 Comments
  • Oracle GG_Warrior
    Fragoman will probably do it if they are requested to do it. Also, they won’t reply anything regarding it because by law they have to withdraw if they are requested. It is a very tricky situation.
    In my experience, when i got laid off, they didn’t answer anything and although they didn’t file for withdrawal but kept saying they will withdraw. Good luck
    May 30 7
    • Amazon burntout!
      OP
      @GG_Warrior could you tell me more about your situation? Is there a way to verify whether they withdrew or not?
      May 30
    • Amazon
      Maxter

      Amazon

      BIO
      Yo-yo Chen
      Maxtermore
      Did OCI lay you off?
      May 30
    • Amazon burntout!
      OP
      You mean Overseas Citizenship of India?
      Nah can still go back to India, but have family here.
      May 30
    • Oracle GG_Warrior
      You can PM me. I had a long battle on this
      May 30
    • Amazon burntout!
      OP
      PM’ed you GG_Warrior
      May 31
  • LinkedIn dum de dum
    1. How can you leave amazon soon (u said u wanna tell attorney so) ? Do you have another job offer from US ? If so, what would be your visa status with the new company ?

    2. Don’t expect Amazon or its attorneys to be of any help for an employee they are gonna let go. By law they maybe forced to revoke H1b when an employee leaves.

    3. How about taking FMLA and dragging your amazon employment till October ?

    4. Go to an independent immigration attorney to see what your options
    May 30 3
    • Amazon burntout!
      OP
      1. How? Amazon wants to pivot me and I’d need to leave (I have already responded to H1b receipt notice and told attorney that I might not be here until October). Nope not yet. If I have one they’d need to file for a transfer right away.

      2) Since the start date is Oct 1st, they might not be obligated by law to revoke before October 2nd.

      3) I did apply for FMLA already but been hearing horror stories about rejection so skeptical

      5) I did already go to couple attorneys and I am hearing mixed responses.
      May 30
    • LinkedIn dum de dum
      So what did the attorneys say ? Can you do H1b transfer? Also what is your pivot general timeline ?
      May 30
    • Amazon burntout!
      OP
      Yes transfer is possible and be filed now but will be effective October.
      Looking at June
      May 30
  • Amazon
    Maxter

    Amazon

    BIO
    Yo-yo Chen
    Maxtermore
    Amazon does not revoke your H1B... they don’t care to be honest since there isn’t any charge of holding on to an active H1B petition.
    May 30 3
    • Amazon burntout!
      OP
      How do you know this?
      May 30
    • Amazon
      Maxter

      Amazon

      BIO
      Yo-yo Chen
      Maxtermore
      I went back from FB when my H1B transfer was rejected. This was after 4 months.
      May 30
    • Riverbed Technology leerock
      OP's situation is still different since OP is still L1. You said your H1B transfer got rejected, which means even if the transfer is rejected, you H1 at previous company is still valid.
      May 30
  • CVS Health zzwJ42
    You got pivot after 8 years with them!! That's weird, care to mention the reason?
    May 30 1
    • Amazon burntout!
      OP
      They measured me against a wrong job family and gave me LE rating
      May 30
  • Medallia Maximus8
    Even if your h1 is withdrawn it is valid. At least on 60 days grace period if you find another job and transfer with new employer. Try to keep unemployment days to minimum. It’s at uscis discretion to approve. But if you find new job within first 30 days 95% it would be transferred without worries.
    Jun 13 0
  • LinkedIn dum de dum
    Then start applying for new jobs. Leetcode, leetcode, leetcode.. All the best.

    Also parallely try FMLA and try talking to HR, boss, skip level etc and delay your exit from amazon.

    Should not be too bad if you find another job. October is not too late if you get job in June, most companies will be ready to wait. ‘Worst case’, you will have to move back to your home country for a few months.

    If you are from India I would say, think of exiting US as greencard is a distant dream and the life in H1b is not worth it when you have family.

    Good luck
    May 30 0
  • Accenture pkihyfrs
    TC and base?
    May 30 0