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fpjune · 2009 September 17th, 02:58 PM

Hi,
Is there anyone tried to change their location after H1b approval. Things have changed after filing my H1b, my spouse has to move to another state.
But unfortunately, Rite aid doesnot have any stores in that state.
Can I transfer my H1b to any other chains, what will be the implications from Rite-aid legally.
Please advise,

tumboka · 2009 September 17th, 05:09 PM

Hi,

I am also in some what a similar position and was thinking what to do, well you can only do transfer of h1b when any other chain will accept you.So lets say cvs/Walgreens/Albertsons/walmart wants to hire you then they will initiate a h1 b transfer.

Legally I do not have much info, well things and circumstances change, as An individual person I will refund the money they have spend for filing my H1b, they may blacklist you and in the near future you will not be able to work for rite aid.Although in the email Rite aid said that you must not have an any other employer file for your h1b but then with me the circumstances are different.

Keep in touch

Good luck

sony07 · 2009 September 17th, 05:10 PM

Quote:

Originally Posted by fpjune

Hi,
Is there anyone tried to change their location after H1b approval. Things have changed after filing my H1b, my spouse has to move to another state.
But unfortunately, Rite aid doesnot have any stores in that state.
Can I transfer my H1b to any other chains, what will be the implications from Rite-aid legally.
Please advise,

I have no answer to your query... but I think you should take advise from an immigration attorney before you take any drastic step.
Find out from the attorney what implications you can have on your H1status if you move to another company?

tumboka · 2009 September 17th, 06:44 PM

Hi Sony07,

That a good suggestion also. I will also try it.
Thanks

fpjune · 2009 September 17th, 06:51 PM

Thanks Sony07 and tumboka,
I had a consultation with murthy's lawyer. They said that since I have not started my H1b. I can go for a new H1B from any other chain.
It makes sense that, we will be eligible to work for them effective october 1st.
What's your opinion? Tumboka!

Laura.pharm · 2009 September 18th, 06:14 AM

Hi Tumboka,
Are you sure that you have to refund money personally? I've heard that a new company that agreed to carry your H1B should pay all expenses to your old company who applied for H1B for you. Of cause if you plan to start working this year like fpjune.
fpjune, I'm a bit confused. Did they say a new H1B like reapplied H1B or transferred? So, if it's transferred you have to go for a new employer NOT for a new H1B? Am I right? What about if you already begin to work for the company and your situation has changed? If you know the answer could you share please? Do you have to find a new employer who agree to carry H1B first and then notify your company that you no longer can work for them or it's other way around?Also, how did you get consultation with murthy lawyers? Was it on-line or in-office and how do I contact them?
There is one year no leave policy with Rite Aid. Is there any exception to this?

tumboka · 2009 September 18th, 06:27 AM

Hi fpjune,

That is also an option as long as they not sister companies.Or the new company that will hire you can file for a new h1b visa.It is possible that two different retail pharmacy chains can file for your h1b but you can only work for one.If they do premium processing then it might be possible to start from October 1 otherwise you will have to wait until it is approved.
good luck

tumboka · 2009 September 18th, 06:54 AM

Hi Laura

Yes ,you are right we never have to pay for the h1b processing it is the retail pharmacy that sponsor's the h1b pays. I meant to say in case two retail companies file for your h1b then you will only work for one, the other company has spend money hence it think it only right to return the processing fees that they have paid and I have not used there visa, it is only my personal opinion.

A transfer of H1b is like a new h1b only the new employer has to file it.Once USCIS approves your transfer then you can inform your previous employer and then only you can start work. The previous employer does not have to know that you have applied for a h1b with a new company.You can even get a transfer if you have not started work before October 1 but generally USCIS asks for three months pay slip from your previous employer.You must also have valid 1-94.

I also personally do not agree with the one year no leave policy of rite aid, but i guess you can talk about it with your Pharmacy District Manager I think they will understand better than the corporate office, I guess.This is my opinion.

The are two sides to the coin, one we need the h1b and the other side is that others do not have it.

Good luck

rivaldo · 2009 September 18th, 12:58 PM

In order to transfer your H-1B visa, you would need to actually activate your H-1B visa. In order for you to activate your H-1B visa, you would have to commence employment with the current sponsor of your H-1B visa. You would them have to work for the employer for a minimum of six weeks. In addition, we would not even consider you for employment opportunities and H-1B visa sponsorship until you are a licensed, registered pharmacist in the state in which you are interested. At that time, a thorough review of your documents and credentials would need to be considered before we could consider transferring your H-1B visa.

Please know that this correspondence is not a conditional offer of employment and that a conditional offer of employment will not be extended until we have the opportunity to review an individual's credentials and an interview is conducted.

Thank you,

Foreign National Recruiting Coordinator
Walgreen Co.
102 Wilmot Road,MS #1259
Deerfield, Illinois 60015

Laura.pharm · 2009 September 18th, 06:59 PM

Tumboka, you're right. I totally agreed that you have to return money if two companies applied for H1B Visa for you. I would do the same. I thought that you're talking about transferring. In this case, a company who gets employee has to cover all expenses of the previous sponsor. However, I think it's illegal to file H1B with two companies. I'd red about it in rite aid policy before processing . In addition, they specifically asking if someone else is applying for you. So, you have to tell the truth. I believe it says that if two companies file documents for you then you'll be penalized resulting in H1B cancellation. So, I even didn't dream to get in this mess.
I am really hoping that you're right and I can talk with my DM about three days leave in a few months.
Good luck. Are you starting to work in October?

2009 September 17th, 02:58 PM	#1 (permalink)
fpjune I JUST got here. Join Date: Apr 2006 Posts: 5	H1B : Rite aid Hi, Is there anyone tried to change their location after H1b approval. Things have changed after filing my H1b, my spouse has to move to another state. But unfortunately, Rite aid doesnot have any stores in that state. Can I transfer my H1b to any other chains, what will be the implications from Rite-aid legally. Please advise,

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2009 September 17th, 05:09 PM	#2 (permalink)
tumboka Eager! Join Date: Apr 2009 Posts: 68	Hi, I am also in some what a similar position and was thinking what to do, well you can only do transfer of h1b when any other chain will accept you.So lets say cvs/Walgreens/Albertsons/walmart wants to hire you then they will initiate a h1 b transfer. Legally I do not have much info, well things and circumstances change, as An individual person I will refund the money they have spend for filing my H1b, they may blacklist you and in the near future you will not be able to work for rite aid.Although in the email Rite aid said that you must not have an any other employer file for your h1b but then with me the circumstances are different. Keep in touch Good luck

2009 September 17th, 06:44 PM	#4 (permalink)
tumboka Eager! Join Date: Apr 2009 Posts: 68	Hi Sony07, That a good suggestion also. I will also try it. Thanks

2009 September 17th, 06:51 PM	#5 (permalink)
fpjune I JUST got here. Join Date: Apr 2006 Posts: 5	Thanks Sony07 and tumboka, I had a consultation with murthy's lawyer. They said that since I have not started my H1b. I can go for a new H1B from any other chain. It makes sense that, we will be eligible to work for them effective october 1st. What's your opinion? Tumboka!

2009 September 18th, 06:14 AM	#6 (permalink)
Laura.pharm Within my grasp! Join Date: Feb 2008 Posts: 107	Hi Tumboka, Are you sure that you have to refund money personally? I've heard that a new company that agreed to carry your H1B should pay all expenses to your old company who applied for H1B for you. Of cause if you plan to start working this year like fpjune. fpjune, I'm a bit confused. Did they say a new H1B like reapplied H1B or transferred? So, if it's transferred you have to go for a new employer NOT for a new H1B? Am I right? What about if you already begin to work for the company and your situation has changed? If you know the answer could you share please? Do you have to find a new employer who agree to carry H1B first and then notify your company that you no longer can work for them or it's other way around?Also, how did you get consultation with murthy lawyers? Was it on-line or in-office and how do I contact them? There is one year no leave policy with Rite Aid. Is there any exception to this?

2009 September 18th, 06:27 AM	#7 (permalink)
tumboka Eager! Join Date: Apr 2009 Posts: 68	Hi fpjune, That is also an option as long as they not sister companies.Or the new company that will hire you can file for a new h1b visa.It is possible that two different retail pharmacy chains can file for your h1b but you can only work for one.If they do premium processing then it might be possible to start from October 1 otherwise you will have to wait until it is approved. good luck

2009 September 18th, 06:54 AM	#8 (permalink)
tumboka Eager! Join Date: Apr 2009 Posts: 68	Hi Laura Yes ,you are right we never have to pay for the h1b processing it is the retail pharmacy that sponsor's the h1b pays. I meant to say in case two retail companies file for your h1b then you will only work for one, the other company has spend money hence it think it only right to return the processing fees that they have paid and I have not used there visa, it is only my personal opinion. A transfer of H1b is like a new h1b only the new employer has to file it.Once USCIS approves your transfer then you can inform your previous employer and then only you can start work. The previous employer does not have to know that you have applied for a h1b with a new company.You can even get a transfer if you have not started work before October 1 but generally USCIS asks for three months pay slip from your previous employer.You must also have valid 1-94. I also personally do not agree with the one year no leave policy of rite aid, but i guess you can talk about it with your Pharmacy District Manager I think they will understand better than the corporate office, I guess.This is my opinion. The are two sides to the coin, one we need the h1b and the other side is that others do not have it. Good luck

2009 September 18th, 12:58 PM	#9 (permalink)
rivaldo Eager! Join Date: Feb 2006 Posts: 46	In order to transfer your H-1B visa, you would need to actually activate your H-1B visa. In order for you to activate your H-1B visa, you would have to commence employment with the current sponsor of your H-1B visa. You would them have to work for the employer for a minimum of six weeks. In addition, we would not even consider you for employment opportunities and H-1B visa sponsorship until you are a licensed, registered pharmacist in the state in which you are interested. At that time, a thorough review of your documents and credentials would need to be considered before we could consider transferring your H-1B visa. Please know that this correspondence is not a conditional offer of employment and that a conditional offer of employment will not be extended until we have the opportunity to review an individual's credentials and an interview is conducted. Thank you, Foreign National Recruiting Coordinator Walgreen Co. 102 Wilmot Road,MS #1259 Deerfield, Illinois 60015

2009 September 18th, 06:59 PM	#10 (permalink)
Laura.pharm Within my grasp! Join Date: Feb 2008 Posts: 107	Tumboka, you're right. I totally agreed that you have to return money if two companies applied for H1B Visa for you. I would do the same. I thought that you're talking about transferring. In this case, a company who gets employee has to cover all expenses of the previous sponsor. However, I think it's illegal to file H1B with two companies. I'd red about it in rite aid policy before processing . In addition, they specifically asking if someone else is applying for you. So, you have to tell the truth. I believe it says that if two companies file documents for you then you'll be penalized resulting in H1B cancellation. So, I even didn't dream to get in this mess. I am really hoping that you're right and I can talk with my DM about three days leave in a few months. Good luck. Are you starting to work in October?

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