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!!
- Microsoft MSNutellaGo back to your home ground. I don’t think it’s worth this much hassle.
- 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.
- 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.
- 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 1
- I see, makes sense!
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.
- 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.
- New 7üūù it úûGo back to your country if you don't want to obey the law of the land.
- 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.
- Did your previous employer apply for change of status or for getting a stamp abroad?
- 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.
- Symantec / Eng haikI 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.
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.
I am just hoping that things work out.Nov 8, 2018 1
- 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.
- 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 0
- 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 0
- Western Union xyniYou 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!!
- 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 !
- Athenahealth 👀!-!Just follow the attorney advice. You should be fine. In the worst case reenter after the stamping.
- Qualcomm #swemoreyou won’t find the answers you’re looking for in Blind. Wait for your attorney to contact you