Urgent - need help (H1b issue)

Amazon / Eng sqGT77
Nov 8, 2018 43 Comments

Hi all,

I joined amazon in July 2018 in F1 visa (OPT). My previous employer had filed for H1b and it was in RFE when I quit to join amazon.

On October 31st, USCIS has approved the H petition. But previous employer got the approval notice and I was notified on Nov 5th. As I did not know about my visa change of status, it seems like I have been working illegally for a few days.

Today, after the call with amazon attorney, I have been advices not to login, goto work and hold on to figure out the next steps.

Previous employer suggests that they are paying for 1 day after October 31st (specifically on Nov 6th) and they say there is no problem in transferring.

Amazon attorney says this is a chaos and says, I might have to leave the country. I have been asked not to work for today and tomorrow (we have another call tomorrow to discuss next steps - attorney needs some time till tomorrow itseems)

In my view, if amazon apply for H transfer, I could be able to continue working with amazon with receipt right? Is there any other possible ways?

Can you guys PLEASE help me or suggest me your thoughts in this situation?

Appreciate your time and thank you!!

#H1b #workvisa

comments

Want to comment? LOG IN or SIGN UP
TOP 43 Comments
  • Microsoft MSNutella
    Go back to your home ground. I don’t think it’s worth this much hassle.
    Nov 8, 2018 5
    • Amazon / Eng sqGT77
      OP
      I don’t want to give up. I am seeking advices to get past through this. Thanks.
      Nov 8, 2018
    • Amazon 123raj
      Give up on what?
      Nov 8, 2018
    • Amazon / Eng sqGT77
      OP
      I meant I’m not thinking of going back to home country.
      Nov 9, 2018
    • Amazon 123raj
      Why? What's wrong with India?
      Nov 9, 2018
    • Amazon / Eng sqGT77
      OP
      Sorry let me rephrase that: My current priority is to stay here..

      mainly because of the team I am in with great talents and I want to learn, contribute and build career before going back.
      Nov 9, 2018
  • Salesforce Pjcehm
    Why didn’t you wait for your RFE or h1b to get approved before joining amazon? You know the state of visa in this country. Was it because of amazon offer ? If yes then blame yourself partially.
    Nov 8, 2018 3
    • Amazon / Eng sqGT77
      OP
      Yes I would partially blame it to myself. But there was a bit of a chaos where previous employer fired 70% of employees including me(but then due to visa issue, I was asked to find a new job by offering part time with them).

      So, I took the risk to join amazon.
      Nov 8, 2018
    • Salesforce Pjcehm
      It will be fine . You are not in worst state. Just keep calm and talk to lawyers instead of people on blind .
      Nov 8, 2018
    • Amazon / Eng sqGT77
      OP
      Got it, thank you!

      I am finding hard to get time from the attorney! Fragomen attorneys seem to be slow. I am trying my best and have got full support from my manager and skip manager which I am happy about.

      Thanks!
      Nov 8, 2018
  • Facebook / Eng Floosie
    Leave immidiately. You will get deported
    Nov 8, 2018 1
    • Indeed / Eng jqbd11
      This guy knows nothing about immigration. Ignore this idiot O)
      Nov 8, 2018
  • LinkedIn ac
    Op, my friend left his first company, took a month for interview with grace period, got an offer, and went back to home country to wait for the h1b transfer. I think you can ask for h1b transfer and then wait for it in your home country then come back.
    Nov 8, 2018 7
    • Amazon / Eng sqGT77
      OP
      That risk of deny of H transfer still exists even if staying in home country right? But joining with receipt would have at least given him a few months to work in US (given that he had quit his previous job).
      Nov 8, 2018
    • LinkedIn ac
      I was not in his conversation with lawyer so I do not have the full picture. But I would think about it like this: if h1b transfer was denied, he can interview another company and do the transfer again till it got approved. But if he risked in working without permit, he might be in big trouble of legal issue that he might be expelled and could never enter the states.
      Nov 8, 2018
    • Amazon / Eng sqGT77
      OP
      I see, makes sense!

      Thanks

      Do you think in my case I am facing that issue of working without permit (legal issue)? I have worked post change of status to H. Which is officially illegal but I did not work knowing it’s illegal as I had been working with new employer since 4 months.

      Is my situation treated as legal issue is what I’m concerned if that affects me joining amazon with H transfer receipt.
      Nov 8, 2018
    • LinkedIn ac
      First of all, it already happened. So don’t worry about it too much. Talk to your lawyer and figure out a solution.

      Second, I would think that oct 31 to now is not too long, and you are not intentionally want to work illegally. So I would not think it’s a big deal.

      I would assume that your lawyer will ask you to go back to your home country to wait for a h transfer. Or stay at us as unemployed during this period (if it qualifies grace period) and wait for transfer.
      Nov 8, 2018
    • Amazon / Eng sqGT77
      OP
      Sounds good. Thank you!

      I will discuss with the attorney and feel better after hearing from you all. Thanks.
      Nov 8, 2018
  • Go back to your country if you don't want to obey the law of the land.
    Nov 8, 2018 1
    • Amazon / Eng sqGT77
      OP
      There is no mistake here. And I have been following the law. But I think in this scenario, there could be something that very few know about.

      This is not illegal what I have done. I joined other company with valid F1 visa and all of a sudden H1 has been approved! This is what I am seeking your help to clarify things. Thanks.
      Nov 8, 2018
  • Netflix / Eng 7qwerty
    Did your previous employer apply for change of status or for getting a stamp abroad?
    Nov 8, 2018 3
    • Amazon / Eng sqGT77
      OP
      It’s a “change of status”. And which is why I think my visa status immediately took effect the day USCIS approves. Please correct me if I’m wrong guys. Thank you
      Nov 8, 2018
    • Netflix / Eng 7qwerty
      Ah, that's the problem. But I don't think anyone would check it. In any case you've got an explanation. Just stop working for now, initiate transfer and continue when you have case number. I would do this
      Nov 8, 2018
    • Amazon / Eng sqGT77
      OP
      Agreed! Yes, I am thinking of the same and suggested this to amazon attorney in today’s call.

      But attorney pushed back on this because of the fact that I was working for a few days without knowledge of my visa change of status (which is officially illegal). I was confused about this. But I think that is the only way moving forward in my view.
      Nov 8, 2018
  • Symantec / Eng haik
    I don't understand how this mess happened. Amazon must have hired you based on paperwork. Isn't your opt still valid. As I said before on the other thread, i don't have sufficient knowledge to comment but I would be interested in knowing the progress on this and I would sincere hope it works out for you.
    Nov 8, 2018 1
    • Amazon / Eng sqGT77
      OP
      Hi

      Yes, I think amazon did not expect H1b to be approved post October.

      I joined amazon based on the fact that I still had 2 more attempts for H.

      And now that H1b is approved for previous employer, that too on October 31st, this seems to be a very rare situation that needs to be handled.

      But 1 thing I am curious to know - I worked illegally(neither me nor amazon knew about my change of status on Oct 31st), for a few days. Does this impact the H transfer? Because I joined amazon before the approval, is there any exceptional case that I’m missing here? Because clearly, it’s nobody’s mistake.

      Thank you!!
      I am just hoping that things work out.
      Nov 8, 2018
  • Amazon / Eng sqGT77
    OP
    Hi all,

    So my Fragomen attorney is saying I cannot start working with receipt (reason is because I had a few illegal employment days which stated as Portability rule)

    Does anyone know about this rule? Can’t I really start working with receipt?

    The plan is I will be moved to Amazon India team temporarily while they will apply for Canada and US H1 transfer. And ill be moved to Canada once work visa approved there or H1 gets approved in US. If H transfer is denied, they will be applying for fresh H in next April while I’ll be moved to Canada.

    Please advice. Need help from you all to take right decision here.

    Thanks!!
    Nov 9, 2018 6
    • Amazon / Eng sqGT77
      OP
      Don’t know about that yet!
      how does it usually work?
      Nov 10, 2018
    • Microsoft / Eng 089
      Usually the salary is updated as per the country standards, but since they're only parking you temporarily, they could still pay you US rate. Have a conversation with HR.
      Nov 10, 2018
    • Amazon / Eng sqGT77
      OP
      Sounds good. I will do that. Thanks!
      Nov 11, 2018
    • Amazon / Eng sqGT77
      OP
      It looks like I will get to keep the RSUs and Bonus once I move to India or Canada.

      But what base salary should I expect in Amazon India? It looks like it cannot be same. It will be the market price based on the band in India.

      Please advice what/how could I convince HR about my base salary.
      Nov 13, 2018
    • Microsoft / Eng 089
      Based on what I know, this is usually the case. If they've already told you, then I don't think you can convince them otherwise.
      In any case, it should be a short term stay till your h1b transfer gets through. Even if it doesn't, you can get them to sponsor an L1 visa for you after 12 months.
      Nov 13, 2018
  • Western Union xyni
    You will be fine. Stay calm.
    Not to discourage you but these questions come up while processing your GC but that won't happen in this lifetime. So you will be just fine. I know it's easier said than done but try to relax and wait for attorneys advice. All the best!!
    Nov 9, 2018 1
    • Amazon / Eng sqGT77
      OP
      Yes, right now just focusing on moving getting H to legally continue my work. I am not sure what is the legal path when someone leaves a company A before October and H petition(which is taking much more time expected) gets approved after October while an individual has moved to different employer. There is no wrong in this path! Also, how do we expect USCIS processes post October and suddenly my visa changes due to delay in their process which has effected me now.

      Fingers crossed to speak with the attorney today. Thanks !
      Nov 9, 2018
  • Athenahealth 👀!-!
    Just follow the attorney advice. You should be fine. In the worst case reenter after the stamping.
    Nov 8, 2018 1
    • Amazon / Eng sqGT77
      OP
      Yes, will do that!
      Thanks
      Nov 8, 2018
  • Microsoft Mr Hyde
    Keep us posted. Good luck.
    Nov 8, 2018 1
    • Amazon / Eng sqGT77
      OP
      Sure, thanks
      Nov 8, 2018
  • Qualcomm
    #swe

    Qualcomm

    PRE
    Apple, Intel, Cisco
    #swemore
    you won’t find the answers you’re looking for in Blind. Wait for your attorney to contact you
    Nov 8, 2018 1
    • Amazon / Eng sqGT77
      OP
      Sounds good. Yes, but wanted to give it a shot and see if SOMEONE would know or suggest or help.

      I will be knowing the next steps from attorney tomorrow. Thanks
      Nov 8, 2018

Salary
Comparison

    Real time salary information from verified employees