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Author Topic: Change of Employer, While H1B SRS PNP is in Process!!  (Read 627 times)
Albertagoverner
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« on: April 29, 2009, 06:43:35 pm »

Forum Members:

I think there is a big confusion regarding the term "same employer". There is no such thing that under H1B SRS AINP program you must be working for same employer with whom you were working, while you applied for Nomination. I will clear the this Myth:

Myth: You must be working for same employer with whom you were while you applied for PNP and must remain untill get Nomination.

Reality: Since H1B Program consists of the portability of employer and one can chage the employer therefore even you applied for PNP in Dec 2008 with employer "A" and after getting file Number you changed your company and transfered H1B to company "B" in March 2009 whether for lay off or you got better opportunity, You can provide Notice of Action I 797 Approval with New Employer and Paystubs and you are still GOOD for nomination. There was a stupid confusion that changing employer will affect application. This confusion happend because some Non-technical staff of AINP spoke the same thing to people on Hot-line.These people didn't have that idea that H1B holder is allowed to change as many as employer provided to a New petition should be filed everytime. Therefore even you changed employer while PNP application is in process and you have paystubs and I797 with new employer, The candidate is GOOD for Nomination. Therefore it is to conclude that one CAN change the employer regardless of its affect on Alberta PNP process.[/
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« Last Edit: April 29, 2009, 11:48:38 pm by Albertagoverner » Logged

Legal Decisions always has its own process. The enforceability, Circumstances and Eligibility. Let it process without any hindrance. Peace!
Leon
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« Reply #1 on: April 29, 2009, 06:54:05 pm »

Forum Members:

I think there is a big confusion regarding the term "same employer". There is no such thing that under AINP program you must be working for same employer with whom you were working, while you applied for Nomination. I will clear the this Myth:

Myth: You must be working for same employer with whom you were while yo applied for PNP and must remain untill get Nomination.

Reality: Since H1B Program consists of the portability of employer and one can chage the employer therefore even you applied for PNP in Dec 2008 with employer "A" and after getting file Number you changed your company and transfered H1B to company "B" in March 2009 whether for lay off or you got better opportunity, You can provide Notice of Action I 797 Approval with New Employer and Paystubs and you are still GOOD for nomination. There was a stupid confusion that changing employer will affect application. This confusion happend because some Non-technical staff of AINP spoke the same thing to people on Hot-line.These people didn't have that idea that H1B holder is allowed to change as many as employer provided to a New petition should be filed everytime. Therefore even you changed employer while PNP application is in process and you have paystubs and I797 with new employer, The candidate is GOOD for Nomination. Therefore it is to conclude that one CAN change the employer regardless of its affect on Alberta PNP process.[/
i]

The H1B program is only one of the programs that the AINP offers.  If you go to the AINP website at http://www.albertacanada.com/immigration/immigrate/ainp.html you will see that they have many other programs.

Those who are going through the employer driver stream of AINP, sponsored by an employer they are working for in AB, need to stay with that employer until they have their PR or AINP can and will cancel their nomination.  I know some people who are going through this process right now and that is what they have been told as well as one of them actually had his file put on hold because AINP heard he was laid off temporarily.  Again, the employer driven stream of AINP has absolutely nothing to do with the H1B program.  They are two completely different programs.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
Ell.Bee
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« Reply #2 on: April 29, 2009, 06:58:56 pm »

Leon is right, the SRS-H1B is different than the Employer Driven PNP.
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Albertagoverner
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« Reply #3 on: April 29, 2009, 07:09:46 pm »

Leon is right, the SRS-H1B is different than the Employer Driven PNP.

Leon and others,

There is no issue about Employer driven stream. This issue is exclusively about  US SRS H1B stream. The issue is:
Question: Whether one can change employer while PNP is in process?
Answer: Yes he can because H1B allows beneficiary to change employer as long as he/she provides I 797 Approval with current paystubs.
Unfortunately the clear explanation of this situation is not available at AINP FAQ
.
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Legal Decisions always has its own process. The enforceability, Circumstances and Eligibility. Let it process without any hindrance. Peace!
peacefulfire
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« Reply #4 on: May 01, 2009, 05:47:01 pm »

One question: Let's say a person is working with Employer "A" and applies for AINP and process is going on, while the H1B transfer is going on to Employer "B" (Still working with Employer A only to join employer B when approval comes thru)

What will happen to AINP process? What information is required to be provided to AINP?

Regards,
Peacefulfire
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differentquestion
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Posts: 39


« Reply #5 on: May 01, 2009, 06:03:10 pm »

One question: Let's say a person is working with Employer "A" and applies for AINP and process is going on, while the H1B transfer is going on to Employer "B" (Still working with Employer A only to join employer B when approval comes thru)

What will happen to AINP process? What information is required to be provided to AINP?

Regards,
Peacefulfire

You need to inform AINP about following:
Change of employer.
Change in duties and responsibilities.
Change of your work and residence location.

These has to be informed only if you start working with New employer

If you get laid off or quit your job, that needs to be informed too.
Please keep in mind: Old or New process, you have to inform AINP of any vital change.
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peacefulfire
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« Reply #6 on: May 01, 2009, 06:33:43 pm »

Thank You for your reply.

Regards
-Peacefulfire
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